





< C 

Cs c >cc 

cic> c d c 

„ecc ccc 

C2c .. cc <CT r 






( C CC 

cc <x 



CC CC CC 
■ CC 

cc < 

cc 

cc 

; cc <e 

£ CC « 

" CCC '.J 
c c< 

CC c r 

<<:c <o c 

-CC C C 
;. cc c c 
XX C C C 
.Cc C C < 
«C c c < 

«r c o c - 

re c c < 

C «C C C c 

ccc c 

".C<_ < c • 

cC«C c c c 
€®Cfi C c 

C<<IC' C C 



- CCC< c<< 

<CCC 

: (icc< 



c cc 

- < c <r crc 

- c-crc fi.a 

c CCC CC 

1 .C(CC(' 

C cCC C 
C CCC €£» 
C CCC Cc 

: ccc c 

C ccc cc 

r co ■ cc. 

CCC C 

c. CCC O 

c C C C O 
c (ccc 

C £■**-< 

c I cc « 

ctccg 

c c c c 
C C C c 



CCC 



c c c 
CCC 



c c< 

c c«c 

CCC 
CCC 

ccc 
CCC 

CCC 
CCC 

CCC 

CCC 

ccc 

ccc 

CCC 

< cc. 

cr<r 

or c 



cCC 

cCC 
CCC 
C<€L c 

c\fcc 
or 

C46C 
«T 
COL 

mm, 
arc 



cc 

I 

< CC 

cc 

< CC 



Ccc 
CC C ( 

"CCC cc 



c < c <ws. 

c<s <c cssl< 
C cs vc CKCi 
c « <ccv 

C ' <: < CCC v 
C OS C <5CC< 

C o ( ccc 
( «:« « cccc 

: <cc 

C ccc 

: <ccv 

<LCC 
L CC C 

I <rc 

c: cc 



k C cc 
r - ccc 

A- cc cc 

^ C CC 

c cv c c 

CC CC c 
Cc CC c 
cc cc 
OCCC C 

CC 'CC c 

ccccc. c 

CC.ccc ■ 

CCCCC ( 

C C c< c 

CC ccc 

C <cc< 
. c < 

: CCC 

c cc 

C CC 

<L CC 

,_cc^ 

c *cV 

:- CC CC 

<i> c< 
Cc CX 



LIBRARY OF CONGRESS. 

Gfiap Copyright A'o 



£ ccorc 

C ( ciC 
c c ccC 



C c c c<^- < 

■" ^ XL COX> 

^^ C: C « «SC < 

" c* C <^ f <-"C 

cc ccrcc 
ZJ cr c c ,fcf 
^_ <£ c r c<« 

n CSC c 

• cr c ((ttr 
I ^r c ccr^ c 

CK" c C(C ■< v c 
i43tt > C c^C ( . f 

tfitC c(G^ C 
^c'C c<c .c 

«^S c c c 

H5r"C c\ 

:: 
cc C '-■ ■ 

re C ' 

/ CCC -. < 

;c: C : ■ 
c_c 
c- < 

C -Cc 

^CCC^'' ( C 
C" *' • ' 

c. 



UNITED STATES OF AMERICA 



C <■ C< C 

P cc: c c 



c cc c « 

p cc c < 

CC c ( 

.*<& CC 

CC c 

-/■ CCC c( 
t etc c 






^'C<C 



c c C 
I c c 



c^C 

cc 

«= <; 

c C 

cc 

CC < 

t( 

C C 

<< i 

cC <" 



< < cc 
- c;c 
^ cc 

5R^ tc 

"V ^ cc 

> < cc 

- c cr 

c a 

c v (*C - cc 
ccxcc 
c (C CCC( 

C c ciC . ti 

C « ccc C c 

C - ctcc. cc 

ir c cCCCC C. ^ 
'■"" < CCCv 

- c?<SC' 



cop; 
:dZ^ C 

<C^ p- 

y<f2< C 

CccC 



' c <ct 

C <3C 

O <- cc 

- c cc: 

^ <3C 

c c:c c 

C <iC K 

c <c ;■ i 
c cc 

C <C 



cC C c 
cc C. i 

aac c 



,^p:" c 

^C C 






: c 

cc c 



c c c c 



C- v <■ 

8 fe C 

ccc 



c e'- 
er c<< 

C c 

< c :.c c 

c c c c • 

c c 

; c^ .c ^cc 

Cc C C C <l!CC 

% C t C CCC 

* c c CCC 

S' CC CCCC 

C <^ «. O C< 
Z C Cc 
C C CC 

C ccc 

:;c cc 

«: c cr 

Cc-C CC 

C C(C cc 
C^ CCC CCL c 

^ c c<. 



: CCCLC (CC 
*" C CCC CC «U 

- < *■ 

C C CCC<C - 

</ C C CCC < <^ 

' < ' (( c c« -c 



* <f - 




0^ c 


-< €1 


£ K 


cc c< 


L C 


CC. € c 


t- C 


cccc 


S ^ 


1 


I c 


cccc 


: c< 


occ 


C £ 


Cc 



« f V ;<r c<3r v \r ac.,,.v,xu-., 
v Ce ^ V '■<*. 

^ vc-« ife ■•<! * 






c CccC C 4 
cc t c cc<cc c «- 
CC C C CCCcC C< 



VC <J 

CC «; 






CC . 
c < 



CCCCC c.£< c 
CCCXC CO C 

«tcx<c < 

cc^o. c 
*cccc c 

CcCCC C 

ccccc *• V <. 

#£CCCC c 
r~cCCC c c V 

LCCCC c 
CCC C v c 

cCCC Ci c 

ccx\ c 

CCCC c 

: cccc c 

C< c 
«L CC c c 

CCK^ C CC: 

c<c 



, <- < ^c<<r ch 



cc a c 

CCc C, 

.«: Cv - r< 
C C v CC 



cc c< e<c 

Ctr CC 

CCc CC 

cc* v «■,<: 



«:<. CC 

Ofe/C CC 



vc 

<C1 
c«*" 



«UL.'C cc: 

CC C< 

v (SBC -*.C < 

c«y c 

*&£ 

«s : . 

«-5«j so r 






>5^«~ « i. 

*3C <«. « 



C C 



-r^<^c » 



rC^> ' 









Ss • . . c ■■ c 

is < o< c 



> Ca c ^ 

r C^ 

,'Cv 



< cc 

C C^v 



:c cccfic c<x :, c«. c<c C' 

3L S c cccc c k ' ^^^i- c cc c 

OC < C: CC:C C *. C?««l ^L OC C C 

iSt C CCCC C - C^R v cc c c 



, Civ 

<< CC 

< c 



- ^r f 



c 



«: c c 



/ 



Ac. 



Outline of 
Government in Illinois 



and Chicago 



44 



Training for Citizenship 



ff 



The American Government 

National and State 

By B. A. HINSDALE, Ph.D., LL.D. 
Professor of the Science and the Art of Teaching in the University of Michigan 

Extra Silk Cloth. 496 Pages, 12mo. Price, $1.25 

NEW AND REVISED EDITION 



HINSDALE'S American Government has been written with three classes of 
persons constantly in mind: (1) Students who are studying the American 
government in Colleges; (2) Students who are studying it in High Schools, 
Academies or Normal Schools of high grade, and (3) Teachers of History and 
Civics in Elementary and Secondary Schools. 

The treatise is primarily a text-book. It Is written in the belief that the Am- 
erican Government should be the central subject of political study, not only in 
schools, but also in the common college course, and that the National and State 
Constitutions should furnish the basis of the work. The general character of 
the work, as respects subject-matter, is shown by its main divisions. 

Introduction— Political Science; Terms defined. 16 pages. 

Part I. The Making of the American Government. 92 pages. 

Part II. The National Government. 252 pages. 

Part III. The State Governments. 66 pages. 

Appendix— Documents Illustrative of the Growth of the Am- 
erican Union. 55 pages. 

Indexes— 11 pages, 

It gives a complete view of our dual system of government. In developing the 
State side of this system the author supplies a manifest want in similar treatises 
and is thoroughly in accord with the spirit of the times. 

The greatest care has been taken by the author, himself a practical teacher of 
the subject for many years, to produce a book that will ivork in the study and in 
the class-room. 

The Werner School Book Company 

Educational Publishers 

New York Chicago Boston 



OUTLINE 



OP 



Civil Government in Illinois 



AND OF 



CHICAGO MUNICIPAL GOVERNMENT 



BY 



/ 



/ 



ROBERT E. CUTLER 

Teacher of Civics in Northwest Division High School, Chicago 








WERNER SCHOOL BOOK COMPANY 

NEW YORK CHICAGO BOSTON 



t 



1699. 




liL201899^1 



• .\- 



.a* 



38341 



Copyright, 1899, by 
WERNER SCHOOL BOOK COMPANY 



TWO COPIES BEC€IVEa 







PREFACE. 

The object of this pamphlet is to present such facts as every 
youth in Illinois should know and which cannot be found elsewhere 
in print in so condensed a form. It is also the purpose so to arrange 
the subject matter that the reader will readily grasp the plan of our 
local government, Comment on the facts and further investigation 
is left for class work. The principal sources of information are the 
Constitution and the Statutes of Illinois, and the Ordinances of 
Chicago, These books should be in the reference library, and pupils 
should learn how to use them. Crawford's Civil Government of 
Illinois and Cook County has also furnished suggestions, The work 
is prepared as a supplement to Hinsdale's American Government, 
for use in Chicago High Schools. 



CONTENTS, 

CHAPTER I. 

Government in Iujnois. 
Object of Government, Rights, Constitution of Illinois, Elec- 
tions, Electors, Ballot Reform, Specimen Ballot, Elections 
in Cities, Registration, Minority Representation, Propor- 
tional Representation . . . . . . . .7 

CHAPTER II. 
The State Government. 

LEGISLATIVE DEPARTMENT. 

The General Assembly, Making Laws, The Referendum . . 12 

EXECUTIVE DEPARTMENT. 

Officers Elected, Militia, State Boards, State Institutions, Officers 
Appointed by the Governor • . 14 

CHAPTER HI. 

JUDICIAL DEPARTMENT. 

Supreme Court, Appellate Courts, Circuit Courts, County 
Courts, Probate Courts, Justices of the Peace, Juries, Grand 
and Petit, The Process of Conducting a Suit, Habeas Corpus 18 

CHAPTER IV. 

THE COUNTY. 

County Board of Supervisors or County Commissioners, Civil 
Service in Cook County, Assessment of Taxes, Other County 
Officers, Registration of Land Titles 24 



6 CONTENTS. 

CHAPTER V. 

XKE TOWN. 

The Town Meeting, The Town Officers, Town Boards, Town- 
ships, Boards of Directors and Boards of Education, Care of 
the Poor ... 30 

CHAPTER VI. 

GOVERNMENT OF CHICAGO. 
Authority of a City Government, The Council, The Division of 
the Executive Branch into Departments, Department of 
Finance, Department of Law, Department of Public Works, 
Department of Buildings, Department of Health, Depart- 
ment of Police, Department of Fire, Minor Departments, 
Public Schools of Chicago, Chicago Sanitary District, The 
Public Library, Chicago Parks, Civil Service Reform, Party 
Management 35 

CHAPTER VII. 

Party Management. 

Committees, Town and Ward Clubs, Party Conventions . . 45 



CHAPTER I. 

GOVERNMENT IN ILLINOIS. 

Government is for the protection of rights and for the 
general advantage of the people governed. In its Bill of 
Rights the Constitution of Illinois guards the life, liberty 
and property of a citizen against many dangers that might 
arise from unjust laws. 

Political rights depend for their existence upon the plan 
of government in use among a people. Among these are 
the right to take part in the government by voting or by 
holding office. The government also has a right to the 
services of certain of the people to maintain order and to 
assist in the defense of the country. 

The Constitution of Illinois determines our political 
rights and establishes our plan of government. It was first 
made in 1818, revised in 1848, and again in 1870, in each 
case by a convention of delegates elected by the voters of the 
state and submitted for ratification to the same voters. It 
may be amended by a two- thirds vote of our State Legisla- 
ture, if this amendment is ratified at the next general 
election by a majority of the people voting. It may be 
revised, or a new Constitution may be formed in another 
way; the Legislature, by a two-thirds vote, may submit the 
question to the people whether a convention shall be called 
for that purpose; if the popular vote is for a convention, 
then delegates are elected who assemble in convention and 
form a new Constitution, which must be ratified by the 
people before it is in force. 



8 OUTLINE OF CIVIL GOVERNMENT IN ILLINOIS. 

ELECTIONS. 

Our Constitution divides the government into Legislative, 
Executive and Judicial departments. In order that officers 
may be chosen in each of these departments elections must 
be held. An election for United States, State, and county 
officers is held on the first Tuesday after the first Monday of 
November ; for city, village and township officers on the 
first Tuesday of April; for judges of the Supreme and 
Circuit Courts, on the first Monday in June. 

Election precincts are determined by the County Commis- 
sioners; but if the county is under township organization, 
each township constitutes an election precinct except in 
townships containing more than four hundred and fifty 
voters. In this case the County Board, cr Board of Elec- 
tion Cornmisioners if there is one, divides the town into 
election precincts, and appoints three judges and two clerks 
at each precinct to conduct the election. 

The records of the voting in each precinct are delivered to 
the town elerk, the county clerk and the secretary of 
State, to be kept among their records. 

Each candidate elected receives a certificate of election 
from the proper officer, which entitles him to enter upon the 
duties of his office after he has taken the required oath of 
office. 

In elections in Illinois, a plurality of the votes cast de- 
termines the election of officers: a majority is not required. 

Vacancies are liable to occur during a term of office; 
some of these are filled by appointment, but the more 
important by a special election. 

ELECTORS. 

To be an elector, i. e. a voter, one must be a male citizen 
of the United States of not less than twenty-one years of age 
who has resided in the State one year, in the county ninety 
days, and in the election district thirty days next preceding 
the election. Women of like qualifications of citizenship, 
age, and residence may vote for school officers, except 



GOVERNMENT IN ILLINOIS. 9 

Superintendent of Public Instruction and County Superin- 
tendent of Schools. 

Inmates of a county poor house, an insane asylum, or a 
hospital do not become residents because of their stay in 
these institutions. 

Convicts in the penitentiary are disfranchised unless 
pardoned before their term of confinement expires. 

BALLOT REFORM. 

To avoid bribery, secure secrecy, and give better oppor- 
tunity for independent voting, all ballots used must be 
printed at public expense and must contain the name of 
every candidate nominated. Candidates are nominated by 
party conventions or by petition of the proper number of 
voters. The voting is done by placing a mark in the 
squares before the names of the candidates voted for, or a 
mark in the circle at the top of the column, which means a 
vote for each candidate in that column except where other 
candidates have been indicated by marks before their names. 
This form of ballot is not required in school elections or for 
officers of road districts. 



O republican. 

For State Treasurer, 
rj Name. 

For Sheriff of Cook 

Co. 
O Name. 

For Clerk of the Pro- 
bate Court of Cook 
Co. 

□ Name. 

For Assessors of Cook 
Co. 

□ Name. 
D Name. 



SPECIMEN BALLOT. 

O DEMOCRATIC. 

For State Treasurer, 
a Name. 

For Sheriff of Cook 

Co. 
D Name. 

For Clerk of the Pro- 
bate Court of Cook 
Co. 
D Name. 

For Assessors of Cook 
Co. 

□ Name. 

□ Name. 



(J PEOPLES. 

For State Treasurer. 
□ Name. 

" For Sheriff of Cook 

Co. 
Q Name. 

For Clerk of the Pro- 
bate Court of Cook 
Co. 

Q Name. 

For Assessors of Cook 

Co. 
D Name. 

D Name. 



IO OUTLINE OF CIVIL GOVERNMENT IN ILLINOIS. 

ELECTIONS IN CITIES. REGISTRATION. 

The voters of a city may determine whether they will 
conduct their elections according to the general State law or 
by a law for elections in cities. Chicago, Cicero and East 
St. Louis have voted to use the latter. Under this law 
elections are supervised by three election commissioners 
who are appointed by the judge of the County Court, 
These commissioners establish voting precincts, appoint 
judges and clerks, and provide for the registration of all 
voters. All acts of the commissioners are subject to the 
approval of the judge of the County Court. 

The election judges have charge of the registration. The 
third and second Tuesdays before a Congressional election 
are the times for a general registration of voters. They may 
also register on the second Tuesday before other elections 
held in November and April. If a voter is refused registra- 
tion he may appeal to the election commissioners and from 
them to the County Court. No one is permitted to vote 
whose name is not on the register. The object of registra- 
tion is to prevent fraudulent voting. 

MINORITY REPRESENTATION. 

Minority representation is for the purpose of enabling the 
party in the minority to have at least some representation in 
the lower house of the State Legislature. Cities may be 
organized so as to choose their aldermen according to the 
same plan. 

In the election of members of the House of Representa- 
tives, each voter may cast as many votes as there are 
members to be elected in that district, which means three 
votes. He may give all these votes to one candidate, or 
may distribute the same, or equal parts thereof, among the 
candidates as he may see fit. If a political party is in the 
minority, by nominating only one candidate they have a 
chance to elect that one by each voter of the party giving 
him three votes. If a party has a majority of the voters 
they can nominate and elect two out of the three to be 



GOVERNMENT IN ILLINOIS. II 

chosen, by each voter giving one and one- half votes to each 
of two candidates. 

PROPORTIONAL REPRESENTATION. 

This is not permitted in Illinois, but many advocate it as a 
partial remedy for the evils of party rule. It might be 
applied to the election of members of Congress, of State 
Legislatures, of city aldermen and of boards of county 
commissioners. Many schemes and plans have been pro- 
posed. The chief features of these plans are to do away 
with election by districts, to give each voter as many votes 
as there are officers to be chosen, and to permit him to 
cumulate these votes on one candidate, or to divide them 
among two or more candidates as he may see fit. By this 
means each class of voters shows its party strength and 
perhaps secures one or more representatives. 



CHAPTER II. 

THE STATE GOVERNMENT. 
Legislative Department. 

The General Assembly of the State of Illinois is com- 
posed of a Senate and a House of Representatives. The 
members of both Houses are elected by the people. For 
this purpose the State is divided by the Legislature into fifty- 
one districts, each district choosing one senator and three 
representatives. These districts are numbered from one to 
fifty-one and must be bounded by county lines, but large 
counties may be divided into two or more districts. Even 
numbered districts elect senators in 1900 and every four 
years afterwards; odd numbered elect in 1902 and every 
four years afterwards. Each district elects three repre- 
sentatives in 1900 and every two years afterwards. 

Note. — Have each pupil draw on a fly leaf of this book, as he 
comes to the study of the various divisions, his own Congressional 
district, Senatorial district, Circuit Court district, and if he lives in 
Chicago, his own ward and his voting precinct, also the Chicago 
Sanitary Drainage Canal district. (See Illinois Statutes and Ordi- 
nances of Chicago). 

Senators must be at least twenty-five years of age and 
representatives at least twenty-one years. Both senators 
and representatives must be citizens of the United States, 
residents of the State for five years next preceding, and for 
two years residents of the district. They can hold no United 
States office and no other State office, and ex-convicts 
are not eligible. 

The regular sessions of the General Assembly commence 
on the first Wednesday after the first Monday in January, 
1901, and every two years afterwards. The Governor may 
call special sessions to legislate on particular subjects, which 
must be specified in the call. 

In each house, a majority of the members elected consti- 



12 



THE STATE GOVERNMENT. 1 3 

tutes a quorum. Each house chooses its own officers, 
except that the Lieutenant Governor is ex-officio the presid- 
ing officer of the Senate. Each house decides concerning 
the election and qualification of its own members. Each 
may punish a member for misconduct, and by a two-thirds 
vote may expel a member. 

The pay of a member is one thousand dollars for each 
regular session, five dollars per day while the Legislature is 
in session for a special session, ten cents per mile for travel- 
ing expenses to and from the Capitol once at each session, 
and fifty dollars each session for incidental expenses. 

Committees are appointed to consider and recommend 
legislation on various topics; for example : A committee on 
railroads, a committee on agriculture, etc. In appointing 
committees, the Speaker always selects a chairman and a 
majority of the members from his own party. Committees 
are important because most of the real work of law-making 
is done in committee. 

MAKING LAWS. 

Bills are introduced into either house by a member, or 
they may come before the house as petitions from one or 
more persons, and are then referred to the proper committee 
for examination and report; or bills may originate in a com- 
mittee. If the committee is not in favor of the bill, a report 
may never be made and that is the end of the bill. Com- 
mittees frequently permit persons, not members, to come 
before them and argue for or against a bill, but in the House 
or Senate only members may speak. 

In each house a bill must be read three different times on 
three different days before passing that house. After its 
first reading, the bill is usually referred to a committee, after 
second reading debated and amended. Before final passage 
the bill as amended must be printed. If the two houses 
cannot agree upon the wording of a bill, either may call for 
a committee of conference, usually composed of six members, 
three being selected from each house. What they decide 
upon will probably pass both houses. The vote passing or 



14 OUTLINE OF CIVIL GOVERNMENT IN ILLINOIS. 

rejecting a bill must be taken by yeas and nays. If passed, 
it is signed by the presiding officer of each house and sent 
to the Governor. If he signs it, it becomes a-.lawjand goes 
into effect on the first day of the next July, unless, otherwise 
specified in the bill itself. The Governor has power to veto 
bills under the same conditions as the President of the 
United States {The American Government, Sec. 335). The 
particular copy of the bill signed by the presiding officer of 
each house and by the Governor is kept among the records 
in the office of the Secretary of State. 

THE REFERENDUM.; 

As an additional safeguard in law-making the Referendum 
is becoming more and more appreciated. It can be applied 
to the acts of any legislative body, whether it be the United 
States Congress, a State legislature, or a City council. As 
practiced in Switzerland, it requires that a law passed by the 
legislative body must be submitted to the people for ratifica- 
tion before it takes effect, whenever a certain number of voters 
within a specified time submit a petition asking for a popular 
vote to determine whether the law shall be rejected or not. 
It is not in use in Illinois. 

EXECUTIVE DEPARTMENT. 

The officers of the Executive department elected by the 
people are Governor, Lieutenant Governor, Secretary of 
State, Auditor, Treasurer, Superintendent of Public Instruc- 
tion and Attorney-General. Members of the State Board 
of Equalization and the Trustees of the State University are 
also elected by the people. The other officers of the execu- 
tive department are appointed by the Governor with the 
consent of the Senate. 

The Governor, Lieutenant Governor, Secretary of State, 
Auditor, and Attorney-General are elected in 1900 and every 
four years afterwards, the Superintendent of Public Instruc- 
tion in 1902 and every four years afterwards, the Treasurer 
in 1900 and every two years afterwards. 

To be eligible, a governor or lieutenant governor must 
have been for the preceding five years a citizen of the United 



THE STATE GOVERNMENT. I 5 

States and of Illinois, and not less than thirty years of age. 
The salary of the Governor is $6,009 per year, of the 
Lieutenant Governor, $1,000 per year; of the Secretary of 
State, Auditor, Treasurer, Superintendent of Public Instruc- 
tion, and Attorney- General, $3,500 each per year. 

(For the duties of these officers see Constitution of Illinois 
and Statutes. ) 

In order that the Governor may have power to enforce 
the laws, he is made commander-in-chief of the militia. The 
militia consists of all able-bodied male citizens in the State 
between the ages of eighteen and forty-five. In order to make 
the militia more effective in sudden emergencies, a portion of 
its members are encouraged to enter into voluntary organiza- 
tion. These volunteers, known as the Illinois National 
Guard, are supplied with arms and equipment, are organized 
into companies, regiments, and brigades with officers elected 
by themselves and commissioned by the Governor. They 
are well drilled and ready for instant service. The Gov- 
ernor exercises his command over the militia through the 
Adjutant-General, an officer appointed by himself. 

Besides having the veto power, the Governor may grant 
reprieves and may pardon criminals. In this he is aided by 
the State Board of Pardons, which examines the merits of 
the petitions and makes recommendations. 

STATE BOARDS. 

State Board of Agriculture, State Board of Arbitration, 

Board of Equalization of Assess- Board of Commissioners of 

ments, Labor, 

Board of Education, Board of Pharmacy, 

Commissioners of Public Chari- Dental Examiners, 

ties, State Board of Mine Examin- 
State Board of Pardons, ers, 

State Board of Health, State Inspectors of Mines, 

Commissioners of Claims, Board of Examiners of Archi- 
Railroad and Warehouse Com- tects, 

missioners, Board of Examiners of Horse- 
Canal Commissioners, shoers, 

Live Stock Commissioners, Factory Inspectors and Depu- 
Fish Commissioners, ties. 



l6 OUTLINE OF CIVIL GOVERNMENT IN ILLINOIS. 

The members of the above boards vary in number from 
three to twenty -two each. Some boards are paid for their 
services and others are not. Salaries of members range from 
$3,500 to no compensation. Except the Boards of Equaliza- 
tion and of Agriculture, which are elected, the Governor 
appoints the members of these boards for terms of from one 
to five years. The Boards themselves choose their secre- 
taries and such other officers and employees as the laws 
permit or require. The duties of these boards are indicated 
by their names. For full and exact statements of their 
duties and powers, see Illinois Statutes. 

STATE) INSTITUTIONS, AND WHERE LOCATED. 

Educational, Charitable, Penal, and Reformatory. 

University of Illinois Champaign, 

State Normal University Normal, 

Southern Normal University Carbondale, 

Northern Normal University De Kalb, 

Eastern Normal University Charlestown, 

State Historical Library Springfield, 

Central Hospital for the Insane Jacksonville, 

Eastern Hospital for the Insane Kankakee, 

Northern Hospital for the Insane Elgin, 

Southern Hospital for the Insane.^ Anna, 

Western Hospital for the Insane Watertown, 

Asylum for the Blind Jacksonville, 

Industrial Home for the Blind Chicago, 

Institution for the Deaf. Jacksonville, 

Eye and Ear Infirmary Chicago, 

Institution for Feeble Minded Lincoln, 

Soldiers' and Sailors' Home Quincy, 

Soldiers' Orphans Home Normal, 

Soldiers' Widows Home Wilmington, 

Illinois State Penitentiary Joliet, 

Southern Illinois Penitentiary Chester, 

Illinois State Reformatory Pontiac . 

Except the last three, these institutions are under the 
general supervision of the State Board of Education or the 
Commissioners of Public Charities, but each has its own 
board of trustees, who usually serve without salary. They 



THE STATE GOVERNMENT. 1 7 

give to their respective institutions careful supervision, 
appoint the superintendents, other officers, and employees, 
and direct the expenditure of money. Three trustees is 
the usual number, but some of the institutions have more. 
They are appointed to serve from two to six years. The 
officers in charge of each of the penitentiaries are called 
commissioners instead of trustees. 

Besides the above, the Governor appoints Justices of the 
Peace for Chicago. He also appoints persons to, prevent 
cruelty to animals, one at the Stock Yards in Chicago, one 
in Peoria, and one in East St. Louis, a Commissioner of 
Deeds, a Printer Expert, Chief Grain Inspectors, all 
Notaries Public, and one Public Administrator in each 
county. 

The State Board of Agriculture consists of twenty- three 
members chosen every two years on the State Fair grounds 
on Wednesday of State Fair week by delegates from the 
county agricultural societies. They control the Depart- 
ment of Agriculture, State Fairs, and Stock Shows. 

The State Board of Equalization is elected by the people, 
one member from each Congressional district. It equalizes 
the assessment of the different counties as reported to it by 
the County clerks. 



CHAPTER III. 
JUDICIAL DEPARTMENT. 

Iu,inois Courts. 

The Supreme Court is composed of seven judges each 
elected for nine years and having a salary of $7,000 per 
year. For the purpose of electing these judges the State is 
divided into seven districts, each electing one. Chicago is 
in the seventh district and elects a judge in 1906. The 
court holds five terms per year at Springfield. Its principal 
duty is to hear appeals from courts above the Justice's Courts. 

Appellate Courts are four in number. They convene at 
Chicago, Ottawa, Springfield, and Mount Vernon. Each court 
is composed of three Circuit or Superior Court Judges 
selected for this duty by the Supreme Court from among 
the Circuit or Superior Court Judges. They hear appeals 
from all courts above the Justice's Court in all civil cases not 
involving a franchise, a freehold, or the validity of a statute. 
If the amount in dispute is less than $1,000, the decision in 
most cases is final. 

CIRCUIT COURTS. 

The State is divided into eighteen circuits, including Cook 
County, which constitutes a circuit by itself. Outside of 
Cook County each circuit elects three judges in 1903 and 
every six years afterwards. Each receives a salary of $3,500 
per year. In Cook County, Superior, Circuit, and Criminal 
Courts correspond to the Circuit Courts of the State. There 
are fourteen Circuit and twelve Superior Court Judges, each 
having a salary of $7,000 per year. These are ex-officiis 
judges of the Criminal Court, w^hich has exclusive jurisdic- 
tion of criminal cases. 

18 



JUDICIAL DEPARTMENT. 19 

The Circuit Courts may hear appeals from County, 
Probate, and Justices' Courts, and may have original jurisdic- 
tion in all cases arising within their boundaries except in. 
that class of business reserved particularly to County and 
Probate Courts. 

COUNTY COURTS. 

Each county has one judge, elected in November, 1902, 
and every four years afterwards. County Courts have 
nearly the same jurisdiction as Circuit Courts except in case 
of crimes where the punishment is death or the penitentiary. 
They especially have charge of proceedings for the collection 
of taxes, in voluntary assignments, for care of the insane, 
for care of dependent children, for collection of inheritance 
tax, and in Chicago for the enforcement of the election law. 
If the county has less than 70,000 population, the County 
Court has charge of all probate business. 

PROBATE COURTS. 

Each county of more than 70,000 population has a Probate 
Judge elected at the same time and for the same term as the 
County Judge. He has charge of all business pertaining to 
the settlement of estates of deceased and insane persons, also 
the care of minor children and apprentices. 

City Courts having the same powers as Circuit Courts 
except in cases of treason and murder, may be established in 
cities of 3,000 or more, the judges to be elected by the people 
of the city for a term of four years. (Chicago has no city 
court. ) 

JUSTICES OF THE PEACE. 

Each township and each voting precinct in counties not 
having township organization, elects in 1901 and every four 
years afterwards, two Justices of the Peace and one addi- 
tional justice for each 1,000 of population above 2,000 until 
there are five justices, and at the same time and for the same 
term a like number of constables. 

In Chicago, in 1899 and every four years afterwards, 



20 OUTLINE OF CIVIL GOVERNMENT IN ILLINOIS. 

fifty justices are recommended by a majority of the Judges 
of the Courts of Record of Cook County to the Governor, 
and are by him appointed to serve as justices. 

Justices' Courts may try civil cases not involving more 
than $200, and criminal cases where the punishment is only a 
fine of not more than $200. They also commit to jail or 
release on bail those accused of crime until the accusation is 
considered by the grand jury. Appeals from Justices' Courts 
go to the Circuit Court or the County Court. 

Cities and villages elect a Police Magistrate who serves 
the same term and has the same powers as a Justice of the 
Peace. 

Chicago has eleven Police Courts and as many Police 
Justices, appointed by the Mayor, for a term of two years 
from among those who are Justices of the Peace. Their 
powers are the same as Justices of the Peace. The persons 
arrested by the police are brought before them for examina- 
tion and commitment to jail, or, in minor cases, for final trial. 

Offenders tried in Chicago Police Courts are punished by 
fine or by commitment to the county jail, or both. If the 
fine is not paid, they are taken to the House of Correction, 
located in the west part of the city near Twenty-sixth 
Street, where they are placed at hard labor until the fine is 
worked out at the rate of 50 cents per day of ten hours' work. 
The Mayor has power to pardon inmates of the House of 
Correction. 

JURIES. 

The Grand Jury is composed of twenty-three men selected 
by the County Board. Its duty is to determine whether 
those charged with crime punishable by death or by the 
penitentiary shall be brought to trial. If it determines by a 
majority vote that the person suspected or charged shall be 
tried, it prepares an indictment which specifies exactly the 
nature of the crime charged. No one can be tried for an 
important crime without being first indicted, so that he may 
know exactly the charge against which he must defend him- 
self and the witnesses who will testify against him. The 



JUDICIAL DEPARTMENT. 21 

grand jury hears only the charges, not the defense, and its 
sessions are secret. 

The Petit Jury is composed of twelve men drawn from a 
list prepared by the County Board. By careful examination 
each man is found fit to try the case in question, or else the 
judge excuses him from service at that trial. 

In Cook County, jury lists for Grand and Petit Juries 
are prepared by three commissioners chosen by the Judges 
of the Courts of Record. 

In a Justice's Court a jury consists of six men summoned 
by the constable for that particular case. 

All criminal cases are tried by jury, except that the 
accused may renounce in writing his right to a jury and 
leave the decision to the judge. In civil cases if either the 
plaintiff or defendant asks for a jury it must be granted. 

THE) PROCESS OF CONDUCTING A SUIT. 

In common law cases the person who brings the suit is 
called the plaintiff and the person sued the defendant. 

The suit is begun by a complaint followed by the issue of 
a summons. This is a paper issued by the Clerk of the 
Court, or by a justice, and presented, or read, to the defend- 
ant by an officer of the court, requiring him to appear in 
court and answer to the charge against him. 

The Pleadings. In a court of record, i.e. , any court above 
the Justice's Court, the plaintiff must present in writing, for 
record, all the particulars of his complaint, and the defend- 
ant must submit his answer in a like manner, in order that 
both parties may know what they have to meet and may 
prepare themselves for the trial. 

When the case is called for trial, a jury, if one is required, 
is first selected and sworn. The plaintiff through his 
attorney sets forth his complaint and outlines his view of the 
case. The defense follows with a statement in reply. The 
witnesses are heard, first for the plaintiff and then for the 
defense. Each witness at the close of his testimony may be 
cross-examined by the opposing attorney. After the testi- 



22 OUTLINE OF CIVIL GOVERNMENT IN ILLINOIS. 

mony the defendant, by his attorney, makes his argument, 
presenting his view of the case and his comments on the 
testimony of witnesses on both sides. The plaintiff follows, 
his attorney summing up the case and presenting his argu- 
ments. Then follows the judge's instruction to the jury 
explaining to them the law of the case. This is followed 
by the verdict of the jury, or the decision of the judge if 
there is no jury, upon which judgment is entered. This is 
placed on record to be enforced by the officer of the court, 
either sherilf or constable. If, after judgment, either party 
desires to do so, he may appeal the case to a higher court. 
If the appeal is to the Circuit or County Court, the case is 
there tried over again; if to the Appellate or Supreme Court, 
it reviews the record of the case, considers the testimony, 
examines into the alleged errors of the lower court, and, if it 
is found necessary, requires the case to be tried over again 
in the lower court. 

In a criminal trial the plaintiff is always the State. In 
cases where the trial may take place in a Justice's Court, the 
penalty being a fine of $200 or less, or a few days or weeks 
in jail, the defendant is arrested and brought before a justice, 
when the trial may take place at once, or the defendant may 
be allowed to give bail to appear at some future day for trial. 

In more important cases, where the punishment is a large 
fine, imprisonment in the penitentiary, or death, a person 
may be arrested and committed to jail in either of four ways. 
(1) The Grand Jury may prepare an indictment, and on this 
charge the judge may order the defendant to be arrested 
and confined in jail to await his trial; (2) An officer, or any 
person, may arrest the defendant while he is in the act of 
committing the crime ; (3) An officer may make an arrest 
when a crime has been committed, or he has reasonable 
grounds for believing the person committed it ; (4) By an 
order, called a warrant, from a justice or a judge, an officer 
may arrest a person charged with crime and bring him 
before the person who issued it, who makes inquiry about 
the crime charged, and, if he finds reason to do so, orders 



JUDICIAL DEPARTMENT. 23 

the prisoner to give bail or be confined in jail until the 
Grand Jury has assembled and determined whether the 
accused shall be brought to trial. This is called holding, or 
binding over, to the Grand Jury. 

Except in capital cases where the proof is evident or the 
presumption great, an accused person confined in jail to 
await trial can go at liberty until the time of his trial by 
giving suitable bail for his appearance at the time set for 
trial. In the cases excepted a money obligation would 
probably not secure the appearance of the accused. Such 
offenses are spoken of as not bailable. 

From the beginning of the trial a criminal suit is con- 
ducted in about the same manner as a civil suit. 

Besides the judge, every court has at least two other 
officers, a clerk who makes the necessary orders and has 
charge of all records and documents, and a bailiff who is a 
sheriff or his deputy in a Circuit or higher Court, and aeon- 
stable in a Justice's Court. It is the duty of the sheriff or the 
constable, as the case may be, to execute all orders of the 

court. 

HABKAS CORPUS. 

If a claim is made that a person is confined without any 
charge against him, or in some other illegal manner, he may 
obtain from a judge an order called a Writ of Habeas 
Corpus, requiring the person in charge of the prison to 
produce the prisoner in court. There inquiry is at once 
made concerning the legality of the imprisonment. If the 
prisoner is illegally held, the judge orders him released at 
once. {The American Government : , Sec. 421-426.) 



CHAPTER IV. 



THB COUNTY. 



The legislative and part of the executive authority of the 
county is vested in the County Board of Supervisors. In 
Cook County and in counties not having township organi- 
zation, a Board of County Commissioners has nearly the 
same duties. These boards buy, sell, and hold the title-deeds 
of county property, construct and care for county buildings, 
levy taxes, determine the salaries of county officers, appro- 
priate money for various county expenses, and publish 
statements of all proceedings and of money expended. 

The County Board of Supervisors consists of the super- 
visors elected in the towns of the county. They must hold 
two regular meetings each year, one beginning on the second 
Monday in July, the other on the second Tuesday in 
September. Special meetings are called at the request of 
one-third of the members. In the counties not having 
township organization, the board consists of three commis- 
sioners, each holding office for three years, one being elected 
each. year. In Cook County the board consists of fifteen 
members, ten chosen by the City of Chicago and five by the 
towns of Cook County outside of the city, for terms of two 
years. They are chosen in the even numbered years, 1900, 
1902, etc. 

County boards organize and conduct business somewhat 
after the manner of a legislature. The members are 
appointed on committees which give special attention to the 
various branches of the board's business and recommend 
action by the board. They audit the accounts of the 
county officers, and the County Treasurer pays out the 
money as appropriated by them on the order of the County 
Clerk, who is given charge of the expenditure. 



24 



THE COUNTY. 25 

CIVIL SERVICE IN COOK COUNTY. 

In Cook County the law gives the County Board the ap- 
pointment of a few of the most important officers, such as 
the Warden of the County Hospital, Superintendent of the 
Insane Asylum, County Agent, County Physician, Custodi- 
ans of the Court House and of the Criminal Court Building, 
County Attorney, County Architect, Superintendent of Pub- 
lic Service, and Committee Clerk of the Board. All other 
officers or employees of the county who are not elected by 
the people, and who fill positions under the control of the 
County Board, must be employed under the rules of the Civil 
Service. 

The Civil Service Commission consists of three members, 
one appointed each year by the President of the County 
Board and serving for three years. Not more than two are 
members of the same party. These commissioners classify 
all the positions in the county filled under Civil Service 
rules. They determine rules for conducting an examination 
of applicants for appointment in each class. They prepare 
questions and conduct examinations, or appoint some one to 
do this for them. They keep a register of all those who 
have successfully passed the examination and who are eligi- 
ble to appointment, showing the relative standing of each 
one, and when a vacancy occurs they present to the appoint- 
ing officer the name and address of the person having the 
highest standing, and he receives the appointment for a 
probationary term fixed by the rules. During, or at the end 
of, the probationary term, the person appointed may be dis- 
charged by the consent of the Commissioners if reasons for 
so doing are given the Commission in writing. 

After the probation is passed, no officer or employee 
is discharged except for cause, upon written charges and 
after having an opportunity to be heard in his own defense. 

ASSESSMENT OF TAXES IN COOK COUNTY. 
In Cook County, or in counties having 125,000 or more 
inhabitants, assessment by town assessors is abolished and 
there is elected for the county a Board of Assessors of five 



26 OUTLINE OF CIVIL GOVERNMENT IN ILLINOIS 

members. The term of office is six years. In 1900 two 
new members are elected, in 1902 two members, and in 1904 
one member, Each receives a salary of $3,600 per year. 
This Board with the necessary assistants, selected by them- 
selves, assess the property of the county. 

There is also elected a Board of Review composed of three 
persons. Their successors are chosen, one in 1900, and one 
each two years afterwards, to serve for a term of six years. 
This Board may correct or change any assessment made by 
the Board of Assessors. 

In other counties assessors are elected by towns, and the 
Board of Review consists of the County Clerk, Chairman of 
County Board, and a citizen appointed by the County Judge. 
The town Board of Review is abolished. 

COUNTY OFFICERS. 

Other county officers elected by the people are a County 
Clerk, Sheriff, Treasurer, Superintendent of Schools, and in 
Cook County, Clerk of Criminal Court, and Clerk of Probate 
Court, elected in 1902 and every four years afterwards. 
Elected in 1900 and every four years, are Coroner, Surveyor, 
State's Attorney, Clerk of Circuit Court, and Recorder of 
Deeds. If the population of the county is less than 60,000 
the same officer may be both Clerk of Circuit Court and 
the Recorder of Deeds. Also at the same time, in Cook 
County, there is elected a Clerk of the Superior Court. 

The county officers commence the duties of office the first 
Monday of December after the election. 

The County Clerk acts as Clerk of the County Court, 
records the acts of the County Board, records the orders for 
money drawn on the County Treasurer, receives election 
returns from the towns and precincts, and makes returns to 
the Secretary of State of the vote in his county. He issues 
licenses and keeps a record of marriages, computes the tax 
of every person in the county from returns of property made 
by the assessors, and in general keeps and preserves the 
records of the county. 



THE COUNTY. 27 

It is the duty of the sheriff, himself or by deputy, to 
make arrests, to serve judicial papers, to attend court and 
keep order, to enforce the decree of any court if so directed 
by the court, and to preserve peace and order in the county. 
That he may be able to do this, he is empowered to require 
the services of any person qualified to serve in the militia of 
the county. The Sheriff also has charge of the Court House 
and Jail. In counties not having township organization he 
is Collector. 

The County Treasurer receives and cares for the money of 
the county and pays it out only upon the order of the County 
Board, or upon the order of those authorized by law to ex- 
pend certain portions of the county's money. He is Super- 
visor of the Town Assessors, and in counties not having 
township organization, he is, ex~officio y county assessor. In 
counties having township organization he is County Col- 
lector. 

The Superintendent of Schools examines and grants 
licenses to teachers and instructs and advises them in their 
work, except in Chicago, where the Board of Education 
directs in these matters. He inquires into and approves the 
work of the school officers of the towns and districts, and 
divides the money received from the State for school pur- 
poses among the towns in proportion to population under 21 
years of age. 

The Coroner, with the help of a jury, inquires into the 
cause of death of any person murdered, killed by accident, 
or whose death is mysterious, and reports to Clerk of Circuit 
Court. He has power to arrest a person suspected of mur- 
der and acts as Sheriff when that office is vacant or when the 
Sheriff is not able to act. 

The Surveyor, when requested, determines and marks the 
boundaries of any piece of land, and places in the records of 
his office the plat and description of his survey. 

The State's Attorney commences and prosecutes all civil 
and criminal suits in any court of record in his county where 
the people of the State or of the county may be concerned. 



28 OUTLINE OF CIVIL GOVERNMENT IN ILLINOIS. 

He defends all suits brought against his county and advises 
the county officers and Justices of the Peace when requested, 
except that in Cook County and some other of the large 
counties a County Attorney is employed by the County 
Board. 

The Recorder makes a copy of all deeds, mortgages and 
other papers pertaining to the title of any piece of land if 
those papers are left with him and the proper fee is paid. 
From this record he also prepares tract books in which is 
traced all the successive transfers and papers bearing on the 
title of each separate piece of land. These records and 
tract books are open for inspection and enable the title of 
any piece of land to be traced from the United States Gov- 
ernment to the present owner. 

REGISTRATION OF TITLES. 

In order to simplify transfers, to do away with the expense 
involved in having to furnish abstracts of title, and to save 
the expense and time required for the proper examination of 
abstracts, and also to avoid the uncertainty about title that 
remains even after an attorney has given his opinion upon 
an abstract of title, the Legislature has made a law concern- 
ing land titles. 

This law, commonly known as the Torrens Law, is in force 
in all those counties where it has been adopted by vote of the 
people. Cook County has voted to adopt the law. This 
law permits any owner of land to file a petition in a court of 
chancery, and upon furnishing to the examiner provided for 
in the law his abstract of title or other evidence of owner- 
ship, and for a fee of fifteen dollars, and one-tenth of one 
per cent of the value of the land as indenmity fund, his 
title will be examined, and if found good, on the payment of 
an additional fee of two dollars, a decree will be obtained from 
the court granting a certificate of title to the owner. 

After two years have elapsed from the granting of this 
certificate no other person can claim the land on any pretext 
whatever. This certificate of title is recorded by the regis- 



THE COUNTY. 20 

trar and the owner is given a copy of the same. All future 
transfers of such registered real estate are made by a sur- 
render of the old certificate of title, a transfer of title on the 
books of the registrar, and the granting of a new certificate to 
the new owner, for which a fee of three dollars is charged. 

Mortgages, leases, and other liens upon the land which have 
been created by the owner must be filed with the registrar 
and entered upon the owner's certificate of titles. Other 
liens such as tax sales and judgments must be filed with the 
registrar. 

In case of the sale of the real estate all liens not cancelled 
are noted on the new certificate of title and remain liens 
upon the property. 

The indenmity fund of one-tenth of one per cent of the 
value of the property is paid to the County Treasurer and 
by him invested as a fund from which those who have been 
wrongfully deprived if their property by the working of this 
law shall receive compensation. 



CHAPTER V. 

THE) TOWN. 

The Town exists only in those counties that have adopted 
township organization. When township organization has 
been determined on by vote of the people, the County Board 
divides the county into towns corresponding as nearly as 
possible with the townships of the government survey. 
When the boundaries of the town have been determined the 
people organize the local government in accordance with 
the State law giving them such power. The legislative 
authority is vested in the Town Meeting. This holds a 
regular session on the first Tuesday of April, and all the 
voters of the town are legislators. 

The Town Meeting is called to order between eight and 
nine o'clock a.m. by the Town Clerk, and the voters present 
elect a Moderator who presides and also acts as one of the 
election judges. The balloting for town officers continues 
until 2 p. m. Then voting is suspended and the voters hear 
and act upon the reports of town officers and transact such 
legislative business as is permitted by State law, after which 
voting is resumed until time for the polls to close. 

At the Town Meeting the people vote to sell property or 
buy property for the use of the town, to levy taxes to 
construct or to repair roads and bridges, to conduct a law- 
suit on behalf of the town, to destroy noxious weeds, and to 
encourage the planting and care of trees on the highways. 
They restrain or regulate the running at large of domestic 
animals and establish pounds for their care. They order 
the construction of public wells and watering places, and 
such other improvements as will benefit the town. They 
establish penalties, not to exceed $50 for each offense, for 

violating the rules made by them. 

30 



THE TOWN. 31 

The town officers elected for a term of two years are the 
Supervisor, and, if the town has a population of 4,000, an 
Assistant-Supervisor, and also other Assistant-Supervisors, . 
one for each 2,500 of population above 4,000. These Super- 
visors and Assistant-Supervisors from all the towns of the 
county constitute the County Board except in Cook County, 
and there only one Supervisor is elected in each town for a 
term of one year, and he does not serve on the County 
Board. 

Also, for a term of one year, each town elects a Town 
Clerk, an Assessor, and a Collector, and for a term of three 
years, one Commissioner of Highways each year. 

The Supervisor is especially the executive officer of the 
town. He receives the taxes collected for town purposes 
and pays the bills. He carries out or enforces the rules and 
orders of the town meeting, makes such contracts as they 
have authorized, and sees that contracts are properly carried 
out. He is also overseer of the poor of his town and sees 
that their wants are properly provided for. 

The Assistant-Supervisors have no powers or duties as 
town officers, but are members of the County Board. . 

The Town Clerk keeps the records, books, and papers of 
the town. 

The Assessor determines the value of all taxable property 
in the town and prepares a list of property owners for the 
County Clerk, with the amount of property on which each 
is assessed. 

The Collector receives from the County Clerk a schedule 
of the taxes to be collected from each person and he makes 
collection on both personal property and real estate as far as 
possible before March 10th of each year, at which time the 
law requires him to pass over his books to the County 
Treasurer, who is also County Collector, and he proceeds 
with the collection of taxes not yet paid. 

When counties do not have township organization, the 
Sheriff is ex-officio Collector for the county. 

The Highway Commissioners elect one of their own 



32 OUTLINE OF CIVIL GOVERNMENT IN ILLINOIS. 

number treasurer, to whom the collector pays the taxes 
collected for roads and bridges. They direct the construc- 
tion and repair of roads and bridges, lay out new roads, and 
determine the vacation of those not needed. They divide 
the town into road districts, put up guide boards, levy a tax 
to meet the expenses of roadmaking, and manage its expendi- 
ture upon the roads and bridges. 

TOWN BOARDS. 

The Board of Appointment fills any vacancy which occurs 
in a town office. It is composed of the Justices of the 
Peace, Supervisor, and Town Clerk. 

The Board of Health has power to provide against the 
introduction or spread of contagious disease. The Super- 
visor, Assessor, and Town Clerk are the members. 

The Board of Auditors examines and approves all claims 
against the town and all accounts of town officers. The 
Supervisor, Town Clerk, and the Justices of the Peace are 
the members of this board. 

The compensation of town officers is partly by fees and 
partly by a crtain amount per day as specified in the State 
Statutes. 

(For account of the Justices and Constables in towns, see 
Chapter on Courts). 

TOWNSHIPS. 

Townships, as determined by United States survey, have 
each three School Trustees, whether the county is under 
township organization or not, one elected each year for a 
term of three years on the second Saturday of April. But if 
the boundaries of the township coincide with those of the 
town, then the election of school trustees is at the same 
time and place as the election of town officers. 

The school trustees receive all money raised for school 
purposes by the State, county, and town. Out of this they 
first provide for expense incurred by themselves, then the 
remainder is divided among the districts in proportion to 



THE TOWN. 33 

the school population. They choose a treasurer and he pays 
the bills of each school district as orders are drawn upon 
him by boards of directors or boards of education. They 
determine, and upon petition may change, the boundaries of 
school districts. They have charge of the rental and sale of 
all school lands belonging to the township and loan the 
school funds of the township for the benefit of the schools. 

BOARDS OF DIRECTORS AND BOARDS OF EDUCATION. 

In school districts of less than 1,000 population the schools 
are in charge of a Board of Directors consisting of three 
members, one elected on the third Saturday of April each 
year for a term of three years. Any person, male or female, 
over 21 years of age, a resident, and able to read and write 
the English language, may be chosen a director. 

If the district has a population of 1,000 or over, up to 
100,000, the people elect a Board of Education instead of a 
Board of Directors. It consists of a president and six 
members and three additional members for each 10,000 
population, until the board has fifteen members. They are 
chosen on the third Saturday of April, one-third of them 
each year, for a term of three years. 

Chicago having more than 100,000 population, the Board 
of Education consists of twenty-one members appointed by 
the Mayor with the consent of the City Council. 

Boards of directors and boards of education have control 
of the schools in their respective districts. They levy taxes 
to support the same, provide building, furniture, etc., employ 
teachers, make rules for conducting the schools, and may 
suspend or expel pupils for cause. They may dismiss a 
teacher for incompetency, cruelty, negligence, immorality, 
or any other sufficient cause. The powers of a board of 
education are somewhat more extended than those of a 
board of directors. 

CARE OF THE POOR. 

The law provides that poor people not able to earn their 
own living must be provided for by their relatives if they 



34 OUTLINE OF CIVIL GOVERNMENT IN ILLINOIS. 

have any who are able to do so. If they have not resided 
one year in the county before becoming dependent, they are 
sent to the county where they have a residence. If they are 
residents of the county and have no relatives able to care 
for them, they must be supported by the county or by the 
towns. Dependent children are brought before the County 
Court, and, if found needing the care and help of the county, 
are sent to the industrial schools, and ten dollars per month 
is paid for their support. 

It is left to a vote of the people whether they shall care 
for their poor by counties or by towns, If by counties, the 
County Board makes provision, either providing for them in 
the County Poor House, or giving such outside relief as they 
think needful. The supervisor in each town is an overseer 
of the poor under the direction of the County Board, and the 
relief comes from the funds of the county. If the poor are 
cared for by the towns, then the Supervisor uses the funds 
of the town for their relief. In Cook County the County 
Commissioners employ a County Agent and his helpers to 
look after the poor of Chicago. 






CHAPTER VI. 

GOVERNMENT OF CHICAGO. 

Chicago is organized under the general law of 1872 pro- 
viding for the government of cities. This law leaves it to 
the people of the city to hold to their old charters or, by 
vote, to determine upon organization under the general law. 
In 1875 Chicago accepted the State law as its plan of organ- 
ization instead of its old charter. Under this plan the only 
officers chosen by the people are Mayor, Aldermen, City 
Clerk, City Attorney and Treasurer. 

Chicago is divided into thirty-four wards and each ward is 
represented by two Aldermen in the City Council. Each 
year each ward at the spring election chooses one alderman 
for a term of two years. In 1901 and every two years after- 
wards, the Mayor, City Clerk, City Attorney and Treasurer 
are elected. 

The City Council is the legislature of Chicago. The 
Mayor is its presiding officer and the City Clerk is clerk of 
the Council. The acts passed by the Council are called ordi- 
nances, while the acts of the State Legislature are called 
statutes or laws. In manner of transacting business the 
Council closely resembles the State legislature. The Mayor 
has the veto power, but his veto may be overcome by a two- 
thirds vote of the Council. 

The powers of the Council are such as are granted to it by 
the State law. These are set forth in the law under one 
hundred and thirty-nine items, covering all those subjects 
that pertain to the people of a city but do not concern the 
people of the State in general. For example: The Council 
is given power to levy taxes and appropriate money for local 
expenses, to grant licenses and to impose regulations on 
street traffic, to grant franchises permitting the use of streets 

35 



36 OUTLINE OF CIVIL GOVERNMENT IN ILLINOIS. 

by railroad companies, to borrow money, and to lay out and 
improve streets. 

The compensation of an alderman is three dollars for 
each meeting of the Council attended by him, and $1,500 
per year to his secretary. The compensation of other offi- 
cers and empk^ees is fixed yearly by vote of the Council, 
but cannot be changed during the time for which an officer 
is appointed. 

By action of the Council the executive portion of the city 
government has been divided into departments. These are 
Finance, L,aw, Public Works, Buildings, Health, Police, 
Fire ; minor departments in charge of inspectors are 
Boilers, Fish, Gas Meters, Oils, Weights and Measures. 

The Mayor, with the consent of the Council, appoints the 
heads of these departments, the members of the law depart- 
ment, the city collector, and his own secretary for a term of 
two years, and each year one-third of the members of the 
Board of Education for a term of three years. All other 
officers and employees in the various departments are ap- 
pointed by the head of the department under the rules of the 
Civil Service law. The Mayor also has power to remove 
any officer appointed by himself, but he must give to the 
Council a specific reason for removal and be upheld by the 
Council. He has general supervision over the order and 
welfare of the city and the enforcement of the ordinances 
and also of the State laws. He must hold the officers of the 
various departments to a strict performance of their duty, and 
if they show lack of ability or disposition, it becomes his 
duty to discharge them; hence, the voter determines the 
quality of the city government in his choice of mayor and 
aldermen. 

DEPARTMENT OF FINANCE. 

The principal officer is the Comptroller. He is the finan- 
cial agent of the city, has charge of all valuable papers and 
supervision of all officers who receive and pay out money. 
He reports to the Council the amount of money that should 



GOVERNMENT OF CHICAGO. 37 

be appropriated each year to meet the expenses of the vari- 
ous branches of the city government. He orders the pay- 
ment of money by the City Treasuser, and is required to 
report monthly to the Council what he has done and the 
pay rolls he has ordered paid. 

The Treasurer receives money from taxes and other 
sources of income, keeps it deposited in such banks as are 
approved by the Council, and pays it out on the order of the 
Comptroller, countersigned by the Mayor. 

The Collector is especially charged with the collection of 
special assesments and license fees and may have other 
duties assigned him. His receipts are daily paid to the 
Treasurer. 

DEPARTMENT OF IvAW. 

The Corporation Counsel is the head of the law depart- 
ment and is assisted by the other members. He may be 
required to draw or revise ordinances before they are passed 
by the Council, to prepare legal papers, such as deeds, 
leases, and contracts, and to give legal advice to the Mayor, 
Council, or Heads of Departments. The City Attorney 
assists the Corporation Counsel, tries all damage suits 
against the city, and keeps the record of all suits to which 
the city is a party. The Prosecuting Attorney, or his 
assistants, prosecute those who have violated city ordinances. 

DEPARTMENT OF PUBLIC WORKS. 

This department, because of its importance and great 
extent, is divided into Sub-departments. These are Streets, 
Water, Sewerage, Special Assessments, and Maps, each 
having its Superintendent. The head of the department is 
the Commissioner of Public Works, and the superintendents 
of the various divisions are under his supervision. The 
Commissioner, in accordance w r ith the civil service rules, 
appoints and removes a deputy commissioner, a city engi- 
neer, his own secretary, and the superintendents. The 
superintendents under the, restriction of the civil service 



38 OUTLINE OF CIVIL GOVERNMENT IN ILLINOIS. 

rules appoint and remove emp^ees in their sub-depart- 
ments. 

The Commissioner's Secretary has the care of the books 
and papers of the department. 

The City Engineer has charge of bridges, viaducts, and 
water works, the laying of water pipes, and all like work 
that may be required of him by the department. 

The Superintendent of Streets has charge of the improve- 
ment and repair of streets, alleys, and sidewalks. 

The Superintendent of Water is especially charged with 
the assessment and collection of water rates. 

The Superintendent of Sewers has charge of the construc- 
tion of both public and private sewers and issues permits to 
connect with the public sewers. 

The Superintendent of Special Assessments has charge of 
all proceedings in making special assessments, subject to the 
direction of the Corporation Counsel, while the Collector 
collects the assessments after they have been made. 

The Superintendent of Maps prepares and keeps a record 
of all plats and surveys, of the establishment of street 
grades, of the position of all water, sewer, and gas pipes, or 
electric conductors, and the connection made with each, of 
street names, and the numbering of houses. 

DEPARTMENT OF BUILDINGS. 

The Commissioner of Buildings enforces all the city 
ordinances concerning the erection, safety, repair or removal 
of buildings. He is assisted by his secretary, deputy 
commissioners, inspectors and other employees. The ordi- 
nances provide for the safety of passenger elevators, the 
safety of buildings from fire, their ventilation, strong con- 
struction, the chance to escape from them in case of fire, and 
the Commissioner is given ample power to stop construction 
or to pull down a building that is not according to the 
ordinances. He is especially charged with securing proper 
safeguards against fires or over-crowding in churches, 
places of amusement, public buildings, and factories. 



GOVERNMENT OF CHICAGO. 39 

DEPARTMENT OF HEALTH. 

The Commissioner of Health is at the head of this 
department and enforces the ordinances pertaining to the 
health of the city. In this he is assisted by the police. He 
has charge of the city hospital, causes nuisances to be abated, 
and does what is possible to stop the spread of contagious 
diseases. In the day time his officers may enter and inspect 
any building and require such changes to be made as will 
render it inhabitable. 

The City Physician assists the Commissioner of Health by 
advice and information. He attends the sick in the police 
stations, house of correction and the special hospital for 
contagious diseases. 

The Superintendent of Street and Alley Cleaning has 
charge of the removal of garbage and the proper cleaning of 
the streets. 

DEPARTMENT OF POLICE. 

The Superintendent of Police is the officer in charge. He 
is assisted by an assistant-superintendent, secretary of the 
department and secretary of the superintendent. An 
inspector is over each division, a captain over each district. 
There are also lieutenants, sergeants, patrolmen and other 
employees. 

It is the duty of the Superintendent to preserve the peace, 
order and cleanliness of the city, to protect persons and 
property ; and to do this he and his officers are given power 
to make arrests and to use all necessary force. 

DEPARTMENT OF FIRE. 

The Fire Marshal is the chief and under him are the first 
assistant marshal, superintendent of telegraph, secretary, 
inspector, veterinary surgeon, also assistant fire marshals, 
captains, lieutenants, engineers, pipemen, drivers, truck- 
men, telegraph operators, clerks and other employees. 

The Fire Marshal has power to destroy buildings to pre- 
vent the fire from spreading; and during a fire, to arrest dis- 
orderly persons. 



40 OUTLINE OF CIVIL GOVERNMENT IN ILLINOIS. 

The Fire Inspector investigates the causes of fires, esti- 
mates the value of property destroyed, and reports the 
amount of insurance. 

INSPECTORS. 

The Inspector of Boilers is required to test all steam boil- 
ers to determine their safety for use. 

The Inspector of Fish is required to inspect the fish and 
oysters that come into the market and to destroy such as are 
not fit for food. 

The Inspector of Gas Meters, when requested, tests the 
correctness of gas meters, and also determines the amount 
of gas supplied to the city by each company. 

The Inspector of Oils examines, when required, and de- 
termines at what temperature mineral oils will ignite or 
explode, and those dangerous for illumination he so marks; 
and no oils may be stored or offered for sale that have not 
been inspected. 

The Inspector of Weights and Measures tests all scales and 
measures used in the city to determine their accuracy as 
often as once per year, and stamps or seals such as are found 
correct. No person is permitted to use scales or measures 
that have not been inspected and sealed. 

PUBLIC SCHOOLS OF CHICAGO. 

The Board of Education is composed of twenty-one mem- 
bers, seven of whom are appointed each year by the Mayor 
with consent of the Council for a term of three years. 

The Council levies the tax for school purposes and appro- 
priates the money that may be expended. It must approve 
the purchase of land and the erection of school buildings. 
In all other matters the Board of Education has control of 
the schools. 

The new appointments are made in July of each year, and 
then the Board of Education is organized by electing one of 
their number president and the appointment of committees. 



GOVERNMENT OF CHICAGO. 41 

The work of the Board of Education comes under two 
main divisions: (1) To arrange for the instruction and train- 
ing of pupils, and (2) To provide the necessary accommoda- 
tions and to look after the financial management. 

The work of the Superintendent, assistant superinten- 
dents, and principals pertains mostly to the management and 
\ instruction of the pupils, but also includes much attention 
to the business and finances connected with school manage- 
ment. 

Teachers are of two classes, regular and special. Special 
teachers are employed to teach certain branches only, as mu- 
sic, drawing, French, or German. 

Principals and teachers, before they are employed, pass an 
examination and receive a partial certificate. After a 
thorough trial, and their work having proved acceptable, 
they receive a full certificate. After this, they cannot be 
discharged, except for cause, upon written charges which 
shall be investigated and determined by the Board of Edu- 
cation. 

Male teachers who have taught twenty-five years in the 
State, fifteen of which have been in Chicago, and female 
teachers who have taught twenty years in the State, twelve 
of which have been in Chicago, may be retired by the Board 
of Education, or they may retire at their own request, and 
f thereafter receive an annuity of not more than one-half their 
former salaries, but in no case of more than $600. These 
annuities may be reduced in amount, but in that case the 
reduction must be at the same rate in all cases. 

To attend to the business department of school work there 
is employed an architect to plan and to superintend the con- 
struction of buildings, an attorney to attend to the legal 
business, a school agent to collect rents, to pay the teachers 
and to keep the accounts, an auditor who keeps records of 
the financial affairs, inspects bills and permits none to be 
paid unless they are just and legal, a clerk who records the 
proceedings of the Board, prepares pay rolls and keeps such 
records of the schools as is required, a supply agent who 



42 OUTLINE OF CIVIL GOVERNMENT IN ILLINOIS. 

purchases and distributes supplies and prepares pay rolls of 
engineers, janitors, mechanics and laborers, a chief engi- 
neer who superintends the heating and ventilating of 
school buildings, and a foreman of repairs who superin- 
tends such repairs as do not pertain to heating and ventila- 
tion. 

CHICAGO SANITARY DISTRICT. 

In order that Chicago might have pure water, not contam- 
inated by the filth of the city flowing into the lake, a State 
law authorized the people of the city and vicinity to organize 
themselves into a drainage district and elect a Board of 
Trustees, nine in number, for a term of five years. They 
were first elected in 1889. They are again elected in 1900, 
and every five years afterwards, at the November election. 
In this election minority representation is permitted but not 
practiced. 

These trustees have power to levy taxes and to borrow 
money to carry on their work. They have bought the land 
and constructed a canal 160 feet wide and 22 feet deep below 
the water level, from Chicago River to a lower point on the 
Desplaines River, and removed obstructions at points below, 
so that the water of L,ake Michigan flows through the 
Illinois River to the Mississippi. 

It is intended that the canal shall be opened to naviga- 
tion, and in its fall to the Illinois River it will furnish an 
immense water power. The Trustees are authorized to 
build docks and to rent them, to build dams, and to rent 
the water power so furnished, and to build locks to enable 
the shipping to pass by the dams. 1 

The volume of water flowing through the canal is so 
great that the sewage becomes purified at once by decompo- 
sition and hence is not offensive. 

1 In order to make the system complete that portion of the 
city south of Eighty-seventh Street needs to be organized into a 
drainage district and to open a branch canal taking the drainage of 
the Calumet River into the main canal. 



GOVERNMENT OF CHICAGO. 43 

THE PUBLIC LIBRARY. 
The State law authorizes a board of nine directors, three 
appointed each year, for term of three years, by the Mayor 
with consent of the Council. This Board levies a tax and 
expends the money raised in support of the Library. 

CHICAGO PARKS. 

The parks and boulevards are managed by three Boards 
of Park Commissioners. The boards, one for the north side, 
and one for the west side, are appointed by the Governor; 
the board for the south side is appointed by the Circuit 
Court Judges ; all boards for terms of five years. They have 
power to levy taxes and to expend the money so raised 
in caring for and improving the parks and connecting 
boulevards. 

CIVIL SERVICE REFORM. 

In 1895 an act was passed by the Legislature to regulate 
the civil service of cities. Chicago by a popular vote 
accepted this act, and now appointments to official positions 
must be made in accordance with its terms. 

The act requires that there shall be three Commissioners 
appointed by the Mayor, their terms so to expire that one 
is appointed each year to serve three years, and that the 
appointments be so made that not more than two of them 
are at any time members of the same party. 

All offices and places offering employment in the city 
government are placed under Civil Service rules except the 
following: Officers elected by the people or officers who 
are appointed by the Mayor and confirmed by the council, 
judges and clerks of elections, members of the board of 
education, the superintendents and teachers of schools, 
heads of any principal department of the city, members of 
the L,aw Department, and the Mayor's private secretary. 

The Commissioners arrange all other offices and places 
offering employment into classes with reference to a proper 
examination of all applicants for positions in the public 



44 OUTLINE OF CIVIL GOVERNMENT IN ILLINOIS. 

service. They determine rules for the conduct of an exam- 
ination of the applicants in each class, conduct examinations, 
keep a register of those who have passed the examination 
and are eligible to appointment, showing the grade of pro- 
ficiency of each one, and no name may be erased from the 
register until it has remained there for two years. 

When a vacancy is to be filled the head of the department 
notifies the Commissioners, and they must give the name 
and address of that one on the register who has the highest 
standing in the required class, and he receives the appoint- 
ment on a probationary term fixed by the Commissioners. 
During the probation, the head of the department, after hav- 
ing given the Commissioners, in writing, his reasons for a 
discharge, may, with the consent of the Commissioners, dis- 
charge the probationer. After the term of probation the 
appointment is complete, and no officer or employee after 
such complete appointment can be discharged, except for 
cause upon written charges, and after an opportunity to be 
heard in his own defense before the Commission or before 
an officer or board appointed by the Commission to conduct 
the investigation. 

The Commission also arranges examinations for promo- 
tion to the next higher grade in the same service, and 
appointments to a higher grade are (i so far as practicable " 
by promotion. 



CHAPTER VII. 

PARTY MANAGEMENT. 

The affairs of each political party are managed by a system 
of committees. The members of these committees are 
selected at the various party conventions, each convention 
selecting its committee before it adjourns. They manage 
the campaign, and after the election look after the party 
interests until the next convention, and issue the call for the 
election of delegates to the next convention. 

The National Committee is composed of a chairman and 
one member from each State and Territory. The State 
Committee is usually composed of one member from each 
Congressional district, making the number twenty-two in 
Illinois. The County Committee usually has a representa- 
tive from each town in the county. In Cook County there is 
one member from each of the thirty-four wards of Chicago, 
and six members from the other towns of the county. 

Besides the County Committee, Chicago has a City 
Central Committee composed of one member from each 
ward. 

In order to secure a more perfect organization of the party, 
it is usual to organize a club in each tow r n. Chicago, 
together with most other cities, has its ward clubs. These 
ward clubs manage the party work in the ward under the 
direction of the county and city committees. It is especially 
their work to arouse interest and to secure the polling of a 
large vote for the party. To insure this the ward club 
appoints committees to look after the party affairs of each 
voting precinct. 

The proper committees issue the calls for the election of 
delegates to the various conventions. 

' 45 



46 OUTLINE OF CIVIL GOVERNMENT IN ILLINOIS. 

Under the Primary Election I^aw, the delegates must be 
chosen directly by the voters of each primary election dis- 
trict to attend the township, ward, city, county, Sena- 
torial district, Congressional district, judicial district, 
Sanitary district, and State conventions. 

In country towns the voters assemble in mass meeting 
and make nominations for town officers, but all other 
nominations are made in conventions by delegates. 

The National Convention nominates the President and 
Vice President and formulates the party platform. Kach 
Congressional convention chooses two delegates and each 
State convention four delegates, hence the National con- 
vention is composed of 894 delegates, or twice the number 
of Senators and Representatives in Congress. 



CONSTITUTION OF ILLINOIS 



PREAMBLE. 



We, the people of the State of Illinois — grateful to Almighty God 
for the civil, political and religious liberty which He hath so long 
permitted us to enjoy, and looking to Him for a blessing upon our 
endeavors to secure and transmit the same unimpaired to succeeding 
generations — in order to form a more perfect government, establish 
justice, insure domestic tranquillity, provide for the common defense, 
promote the general welfare, and secure the blessings of liberty to 
ourselves and to our posterity, do ordain and establish this constitution 
for the State of Illinois. 

ARTICLE I.— BOUNDARIES. 

The boundaries and jurisdiction of the State shall be as follows, to 
wit : Beginning at the mouth of the Wabash river ; thence up the 
same, and with the line of Indiana, to the northwest corner of said 
State ; thence east, with the line of the same State, to the middle of 
Lake Michigan ; thence north, along the middle of said lake, to north 
latitude 42 degiees and 30 minutes; thence west to the middle of the 
Mississippi river, and thence down along the middle of that river to 
its confluence with the Ohio river, and thence up the latter river, 
along its northwestern shore, to the place of beginning ; Provided, 
that this State shall exercise such jurisdiction upon the Ohio river as 
she is now entitled to, or such as may hereafter be agreed upon by 
this State and the State of Kentucky. 

ARTICLE II.— BILL OP RIGHTS. 

§ 1. All men are by nature free and independent, and have certain 
inherent and inalienable rights — among these are life, liberty and the 
pursuit of happiness. To secure these rights and the protection of 
property, governments are instituted among men, deriving their just 
powers from the consent of the governed. 

§ 2. No person shall be deprived of life, liberty, or property, with- 
out due process of law. 

§ 3. The free exercise and enjoyment of religious profession and 
worship, without discrimination, shall forever be guaranteed ; and no 
person shall be denied any civil or political right, privilege or capacity, 
on account of his religious opinions; but the liberty of conscience 
hereby secured shall not be construed to dispense with oaths or 
affirmations, excuse acts of licentiousness, or justify practices incon- 

47 



48 OUTLINE OF CIVIL GOVERNMENT IN ILLINOIS. 

sistent with the peace or safety of the State. No person shall be 
required to attend or support any ministry or place of worship against 
his consent, nor shall any preference be given by law to any religious 
denomination or mode of worship. 

§ 4. Every person may freely speak, write and publish on all sub- 
jects, being responsible for the abuse of that liberty ; and in all trials 
for libel, both civil and criminal, the truth, when published with 
good motives and for justifiable ends, shall be a sufficient defense. 

§ 5. The right of trial by jury as heretofore enjoyed, shall remain 
inviolate ; but the trial of civil cases before justices of the peace by 
a jury of less than twelve men may be authorized by law. 

§ 6. The right of the people to be secure in their persons, houses, 
papers, and effects, against unreasonable searches and seizures, shall 
not be violated ; and no warrant shall issue without probable cause, 
supported by affidavit, particularly describing the place to be searched, 
and the person or things to be seized. 

I 7. All persons shall be bailable by sufficient sureties, except for 
capital offenses, where the proof is evident or the presumption great; 
and the privilege of the writ of habeas corpus shall not be suspended, 
unless when in cases of rebellion or invasion the public safety may 
require it. 

§ 8. No person shall be held to answer for a criminal offense, unless 
on indictment of a grand jury, except in cases in which the punish- 
ment is by fine, or imprisonment otherwise than in the penitentiary, 
in cases of impeachment, and in cases arising in the army and navy, 
or in the militia, when in actual service in time of war or public 
danger: Provided, that the grand jury may be abolished by law in 
all cases. 

§ 9. In all criminal prosecutions, the accused shall have the right 
to appear and defend in person and by counsel, to demand the nature 
and cause of the accusation, and to have a copy thereof, to meet the 
witness face to face, and to have process to compel the attendance of 
witnesses in his behalf, and a speedy public trial by an impartial jury 
of the county or district in which the offense is alleged to have been 
committed. 

§ 10. No person shall be compelled in any criminal case to give 
evidence against himself, or be twice put in jeopardy for the same 
offense. 

§ 11. All penalties shall be proportioned to the nature of the 
offense, and no conviction shall work corruption of blood or forfeiture 
of estate ; nor shall any person be transported out of the State for any 
offense committed within the same. 

§ 12. No person shall be imprisoned for debt, unless upon refusal 
to deliver up his estate for the benefit of his creditors, in such manner 
as shall be prescribed by law, or in cases where there is strong 
presumption of fraud. 

§ 13. Private property shall not be taken or damaged for public 
use without just compensation. Such compensation, when not made 
by the State, shall be ascertained by a jury, as shall be prescribed 
by law. The fee of land taken for railroad tracks, without consent of 
the owners thereof, shall remain in such owners, subject to the use 
for which it is taken. 

§ 14. No ex post facto law, or law impairing the obligation of 
contracts, or making any irrevocable grant of special privileges or 
immunities, shall be passed. 



CONSTITUTION. 49 

§15. The military shall be in strict subordination to the civil 
power. 

§ 16. No soldier shall, in time of peace, be quartered in any house 
without the consent of the owner ; nor in time of war, except in the 
manner prescribed by law. 

§ 1 7. The people have the right to assemble in a peaceable manner 
to consult for the common good, to make known their opinions to their 
representatives, and to apply for redress of grievances. 

§ 18. All elections shall be free and equal. 

§ 19. Every person ought to find a certain remedy in the laws for 
all injuries and wrongs which he may receive in his person, property, 
or reputation ; he ought to obtain, by law, right and justice freely, 
and without being obliged to purchase it, completely and without 
denial, promptly and without delay. 

§ 20. A frequent recurrence to the fundamental principles of civil 
government is absolutely necessary to preserve the blessings of 
liberty. 

ARTICLE III.— DISTRIBUTION OF POWERS. 

The powers of the government of this State are divided into three 
distinct departments — the legislative, executive and judicial ; and no 
person, or collection of persons, being one of these departments, 
shall exercise any power properly belonging to either of the others, 
except as hereinafter expressly directed or permitted. 

ARTICLE IV.— LEGISLATIVE DEPARTMENT. 

§ 1. The legislative power shall be vested in a general assembly, 
which shall consist of a senate and house of representatives, both to 
be elected by the people. 

ELECTION. 

§ 2. An election for members of the general assembly shall be 
held on the Tuesday next after the first Monday in November, in the 
year of our Lord one thousand eight hundred and seventy, and every 
two years thereafter, in each county, at such places therein as may be 
provided by law. When vacancies occur in either house, the governor, 
or person exercising the powers of governor, shall issue writs of 
election to fill such vacancies. 

ELIGIBILITY AND OATH. 

§ 3. No person shall be a senator who shall not have attained the 
age of twenty-five years, or a representative who shall not have 
attained the age of twenty-one years. No person shall be a senator 
or a representative who shall not be a citizen of the United States, 
and who shall not have been for five years a resident of this State, 
and for two years next preceding his election a resident within the 
territory forming the district from which he is elected. No judge or 
clerk of any court, secretary of state, ' attorney-general, state's 
attorney, recorder, sheriff, or collector of public, revenue, member of 
either house of congress, or person holding any lucrative office under 
the United States or this State, or any foreign government, shall 
have a seat in the general assembly: Provided, that appointments in 
the militia, and the offices of notary public and justice of the peace, 
shall not be considered lucrative. Nor shall any person, holding any 
office of honor or profit under any foreign government, or under the 



50 OUTLINE OF CIVIL GOVERNMENT JN ILLINOIS. 

government of the United States (except post-masters whose annual 
compensation does not exceed the sum of $300), hold any office of 
honor or profit under the authorty of this State. 

§ 4. No person who has been, or hereafter shall be, convicted of 
bribery, perjury, or other infamous crime, nor any person who has 
been or may be a collector or holder of public moneys, who shall not 
have accounted for and paid over, according to law, all such moneys 
due from him, shall be eligible to the general assembly, or to any 
office of profit or trust in this State. 

§ 5. Members of the general assembly, before they enter upon 
their official duties, shall take and subscribe to the following oath or 
affirmation. 

"I do solemnly swear (or affirm) that I will support the constitu- 
tion of the United States, and the constitution of the State of Illinois, 
and will faithfully discharge the duties of senator (or representative) 
according to the best of my ability ; and that I have not, knowingly 
or intentionally, paid or contributed anything, or made any promise 
in the nature of a bribe, to directly or indirectly influence any vote at 
the election at which I was chosen to fill the said office, and have not 
accepted, nor will I accept or receive, directly or indirectly, any 
money or other valuable thing, from any corporation, company or 
person, for any vote or influence I may give or withhold on any bill, 
resolution or appropriation, or for any other official act." 

This oath shall be administered by a judge of the supreme or circuit 
court, in the hall of the house to which the member is elected, and 
the secretary of state shall record and file the oath subscribed by 
each member. Any member who shall refuse to take the oath herein 
prescribed, shall forfeit his office, and every member who shall be con- 
victed of having sworn falsely to, or of violating, his said oath, shall 
forfeit his office, and be disqualified thereafter from holding any office 
of profit or trust in this State. 

APPORTIONMENT—SENATORIAL. 

§ 6. The general assembly shall apportion the State every 10 
years, beginning with the year 1871, by dividing the population of 
the State, as ascertained by the federal census, by the number 51, 
and the quotient shall be the ratio of representation in the senate. 
The State shall be divided into 51 senatorial districts, each of which 
shall elect one senator, whose term of office shall be four years. The 
senators elected in the year of our Lord 1872, in districts bearing 
odd numbers, shall vacate their offices at the end of two years, and 
those elected in districts bearing even numbers, at the end of four 
years; and vacancies occurring by the expiration of term, shall be 
filled by the election of senators for the full term. Senatorial districts 
shall be formed of contiguous and compact territory, bounded by 
county lines, and contain, as nearly as practicable, an equal number 
of inhabitants ; but no district shall contain less than four-fifths of 
the senatorial ratio. Counties containing not less than the ratio and 
three-fourths, may be divided into separate districts, and shall be 
entitled to two senators, and to one additional senator for each 
number of inhabitants equal to the ratio, contained by such counties 
in excess of twice the number of said ratio. 

NOTK-— By the adoption of minority representation, § § 7 and 8, of this article, 
cease to be a part of the constitution. Under § 12 of the schedule, and the vote of 
adoption, the following section relating to minority representation is substituted 
for said sections: 



CONSTITUTION. 51 

MINORITY REPRESENTATION. 

§§ 7 and 8. The house of representatives shall consist of three 
times the number of the members of the sena.te, and the term of 
office shall be two years. Three representatives shall be elected in 
each senatorial district at the general election in the year of our Lord 
1872, and every two years thereafter. In all elections of representa- 
tives aforesaid, each qualified voter may cast as many votes for one 
candidate as there are representatives to be elected, or may distribute 
the same, or equal parts thereof, among the candidates, as he shall 
see fit ; and the candidates highest in votes shall be declared elected. 

TIME OF MEETING AND GENERAL RULES. 

§ 9. The sessions of the general assembly shall commence at 12 
o'clock noon, on the Wednesday next after the first Monday in 
January, in the year next ensuing the election of members thereof, 
and at no other time, unless as provided by this constitution. A 
majority of the members elected to each house shall constitute a 
quorum. Each house shall determine the rules of its proceedings, 
and be the judge of the election, returns and qualifications of its 
members ; shall choose its own officers ; and the senate shall choose 
a temporary president to preside when the lieutenant-governor shall 
not attend as president' or shall act as governor. The secretary of 
state shall call the house of representatives to order at the opening of 
each new assembly, and preside over it until a temporary presiding 
officer thereof shall have been chosen and shall have taken his seat. 
No member shall be expelled by either house, except by a vote of 
two-thirds of all the members elected to that house, and no member 
shall be twice expelled for the same offense. Each house may punish 
by imprisonment any person, not a member, who shall be guilty of 
disrespect to the house by disorderly or contemptuous behavior in its 
presence. But no such imprisonment shall extend beyond 24 hours 
at one time, unless the person shall persist in such disorderly or 
contemptuous behavior. 

§ 10. The doors of each house, and of committees of the whole, 
shall be kept open, except in such cases as, in the opinion of the 
house, require secrecy. Neither house shall, without the consent of 
the other, adjourn for more than two days, or to any other place than 
that in which the two houses shall be sitting. Each house shall keep 
a journal of its proceedings, which shall be published. In the senate 
at the request of two members, and in the house at the request of 
five members, the years and nays shall be taken on any question, 
and entered upon the journal. Any two members of either house 
shall have liberty to dissent from and protest, in respectful language, 
against any act or resolution which they think injurious to the public, 
or to any individual, and have the reasons of their dissent entered 
upon the journals. 

STYLE OF LAWS AND PASSAGE OF BILLS. 

§ 11. The style of the laws of this State shall be : Be it enacted by 
the People of the State of Illinois, represented in the General 
Assembly. 

§12. Bills may originate in either house, but maybe altered, 
amended or rejected by the other ; and on the final passage of all 



52 OUTLINE OF CIVIL GOVERNMENT IN ILLINOIS. 

bills, the vote shall be by yeas and nays, upon each bill separately, 
and shall be entered upon the journal ; and no bill shall become a law 
without the concurrence of a majority of the members elected to 
each house. 

§ 13. Every bill shall be read at large on three different days, in 
each house; and the bill and all amendments thereto shall be 
printed before the vote is taken on its final passage; and every bill, 
having passed both houses, shall be signed by the speakers thereof. 
No act hereafter passed shall embrace more than one subject, and 
that shall be expressed in the title. But if any subject shall be 
embraced in an act which shall not be expressed in the title, such act 
shall be void only as to so much thereof as shall not be so expiessed; 
and no law shall be revived or amended by reference to its title 
only, but the law revived or the section amended, shall be inserted 
at length in the new act. And no act of the general assembly shall 
take effect until the first day of July next after its passage, unless, 
in case of emergency, (which emergency shall be expressed in the 
preamble or body of the act), the general assembly shall, by a vote 
of two-thirds of all the members elected to each house, otherwise 
direct. 

PRIVILEGES AND DISABILITIES. 

§ 14. Senators and representatives shall, in all cases, except 
treason, felony or breach of the peace, be privileged from arrest 
during the session of the general assembly, and in going to and 
returning from the same ; and for any speech or debate in either 
house, they shall not be questioned in any other place. 

§ 15. No person elected to the general assembly shall receive any 
civil appointment within this State from the aovernor, the governor 
and senate, or from the general assembly, during the term for which 
he shall have been elected; and all such appointments, and all votes 
given for any such members for any such office or appointment, shall 
be void ; nor shall any member of the general assembly be interested, 
either directly or indirectly, in any contract with the State, or any 
county thereof, authorized by any law passed during the term for 
which he shall have been elected, or within one year after the 
expiration thereof. 

PUBLIC MONEYS AND APPROPRIATIONS. 

§ 16. The general assembly shall make no appropriation of money 
out of the treasury in any private law. Bills making appropriations 
for the pay of members and officers of the general assembly, and for 
the salaries of the officers of the government, shall contain no pro- 
vision on any other subject. 

§ 17. No money shall be drawn from the treasury except in 
pursuance of an appropriation made by law, and on the presentation 
of a warrant issued by the auditor thereon ; and no money shall be 
diverted from any appropriation made for any purpose, or taken from 
any fund whatever, either by joint or separate resolution. The 
auditor shall, within 60 days after the adjournment of each session of 
the general assembly, prepare and publish a full statement of all 
money expended at such session, specifying the amount of each item, 
and to whom and for what paid. 

§ 18. Each general assembly shall provide for all the appropria- 
tions necessary for the ordinary and contingent expenses of" the 



CONSTITUTION. 53 

government until the expiration of the first fiscal quarter after the ad- 
journment of the next regular session, the aggregate amount of 
which shall not be increased without a vote of two-thirds of the 
members elected to each house, nor exceed the amount of revenue 
authorized by law to be raised in such time; and all appropriations, 
general or special, requiring money to be paid out of the State 
Treasury, from funds belonging to the State, shall end with such 
fiscal quarter : Provided, the State may, to meet casual deficits or 
failures in revenues, contract debts, never to exceed in the aggregate 
$250,000; and moneys thus borrowed shall be applied to the purpose 
for which they were obtained, or to pay the debt thus created, and 
to no other purpose ; and no other debt, except for the purpose of 
repelling invasion, suppressing insurrection, or defending the State 
in war (for payment of which the faith of the State shall be pledged), 
shall be contracted, unless the law authorizing the same shall, at a 
general election, have been submitted to the people, and have 
received a majority of the votes cast for members of the general 
assembly at such election. The general assembly shall provide for 
the publication of said law for three months, at least, before the vote 
of the people shall be taken upon the same ; and provision shall be 
made, at the time, for the payment of the interest annually, as it 
shall accrue, by a tax levied for the purpose, or from other souces of 
revenue ; which law, providing for the payment of such interest by 
such tax, shall be irrepealable until such debt be paid: And pro- 
vided further, that the law levying the tax shall be submitted to the 
people with the law authorizing the debt to be contracted. 

§ 19. The general assembly shall never grant or authorize extra 
compensation, fee or allowance to any public officer, agent, servant 
or contractor, after service has been rendered or a contract made, 
nor authorize the payment of any claim, or part thereof, hereafter 
created against the State under any agreement or contract made 
without express authority of law ; and all such unauthorized agree- 
ments or contracts shall be null and void. Provided, the general 
assembly may make appropriations for expenditures incurred in 
suppressing insurrection or repelling invasion. 

§ 20. The State shall never pay, assume, or become responsible 
for the debts or liabilities of, or in any manner give, loan or extend 
its credit to, or in aid of any public or other corporation, association 
or individual. 

PAY OF MEMBERS. 

§ 21. The members of the general assembly shall receive for their 
services the sum of $5 per day, during the first session held under 
this constitution, and 10 cents for each mile necessarily traveled in 
going to and returning from the seat of government, to be computed 
by the auditor of public accounts ; and thereafter such compensation 
as shall be prescribed by law, and no other allowance or emolument, 
directly or indirectly, for any purpose whatever, except the sum of 
$50 per session to each member, which shall be in full for postage, 
stationery, newspapers, and all other incidental expenses and per- 
quisites ; but no change snail be made in the compensation of members 
of the general assembly during the term for which they may have 
been elected. The pay and mileage allowed to each member of the 
general assembly shall be certified by the speaker of their respective 



54 OUTLINE OF CIVIL GOVERNMENT IN ILLINOIS. 

houses, and entered on the journals and published at the close of 
each session. 

SPECIAL LEGISLATION PROHIBITED. 

§ 22. The general assembly shall not pass local or special laws in 
any of the f olowing enumerated cases, that is to say : for — 

Granting divorces; 

Changing the names of persons or places ; 

Laying out, opening, altering, and working roads or highways, 

Vacating roads, town plats, streets, alleys and public grounds ; 

Locating or changing county seats ; 

Regulating county and township affairs ; 

Regulating the practice in courts of justice ; 

Regulating the jurisdiction and duties of justices of the peace, 
police magistrates and constables ; 

Providing for changes of venue in civil and criminal cases ; 

Incorporating cities, towns and villages, or changing or amending 
the charter of any town, city or village ; 

Providing for the election of members of the board of supervisors 
in townships, incorporated towns or cities ; 

Summoning or impaneling grand or petit juries ; 

Providing for the management of common schools ; 

Regulating the rate of interest on money ; 

The opening and conducting of any election, or designating the 
place of voting ; 

The sale or- mortgage of real estate belonging to minors or others 
under disability ; 

The protection of game or fish ; 

Chartering or licensing ferries or toll bridges ; 

Remitting fines, penalties or forfeitures ; 

Creating, increasing or decreasing fees, percentage or allowances 
of public officers, during the term for which said officers are elected 
or appointed ; 

Changing the law of descent ; 

Granting to any corporation, association or individual the right tc 
lay down railroad tracks, or amending existing charters for such 
purpose ; 

Granting to any corporation, association or individual any special 
or exclusive privilege, immunity or franchise whatever; 

In all other cases where a general law can be made applicable, no 
special law shall be enacted. 

§ 23. The general assembly shall have no power to release or 
extinguish, in whole or in part, the indebtedness, liability, or obliga- 
tion of any corporation or individual to this State or to any municipal 
corporation therein. 

IMPEACHMENT. 

§ 24. The house of representatives shall have the sole power of 
impeachment; but a majority of all the members elected must concur. 
therein. All impeachments shall be tried by the senate; and when 
sitting for that purpose, the senators shall be upon oath, or affirmation, 
to do justice according to law and evidence. When the governor of 
the State is tried the chief justice shall preside. No person shall be 
convicted without the concurrence of two-thirds of the senators 



CONSTITUTION. 55 

elected. But judgment, in such cases, shall not extend further than 
removal from office, and disqualification to hold any office of honor, 
profit or trust under the government of this State. The party, 
whether convicted or acquitted, shall, nevertheless, be liable to pros- 
ecution, trial, judgment and punishment according to law. 



MISCELLANEOUS. 

§ 25. The general assembly shall provide, by law, that the fuel, 
stationery, and printing paper furnished for the use of the State ; the 
copying, printing, binding and distributing the laws and journals, 
and all other printing ordered by the general assembly, shall be let 
by contract to the lowest responsible bidder; but the general 
assembly shall fix a maximum price; and no member thereof, or 
other officer of the State, shall be interested, directly or indirectly, in 
such contract. But all such contracts shall be subject to the approval 
of the governor, and if he disapproves the same there shall be a 
reletting of the contract, in such manner as shall be prescribed by 
law. 

§ 26. The State of Illinois shall never be made defendant in any 
court of law or equity. 

§ 27. The general assembly shall have no power to authorize 
lotteries or gift enterprises, for any purpose, and shall pass laws to 
prohibit the sale of lottery or gift enterprise tickets in this State. 

§ 28. No law shall be passed which shall operate to extend the 
term of any public officer after his election or appointment. 

§ 29. It shall be the duty of the general assembly to pass such 
laws as may be necessary for the protection of operative miners, by 
providing for ventilation, when the same may be required, and the 
construction of escapement shafts, or such other appliances as may 
secure safety in all coal mines, and to provide for the enforcement of 
said laws by such penalties and punishments as may be deemed 
proper. 

§ 30. The general assembly may provide for establishing and 
opening roads and cartways, connected with a public road, for 
private and public use. 

§ 31. The general assembly may pass laws permitting the owners 
of lands to construct drains, ditches and levees for agricultural, sanitary 
or mining purposes, across the lands of others, and provide for the 
organization of drainage districts, and vest the corporate authorities 
thereof with power to construct and maintain levees, drains, and 
ditches, and to keep in repair all drains, ditches, and levees heretofore 
constructed under the laws of this State, by special assessments upon 
the property benefited thereby. (As amended Nov., 1878,) 

§ 32. The general assembly shall pass liberal homestead and 
exemption, laws. 

~" ~ § 33- The general assembly shall not appropriate out of the State 
treasury, or expend on account of the new capitol grounds, and con- 
struction, completion, and furnishing of the new State house, a sum 
exceeding, in the aggregate, $3,506,006, inclusive of all appropriations 
heretofore made, without first submitting the proposition for an 
additional expenditure to the legal voters of the State, at a general 
election ; nor unless a majority of all the votes cast at such election 
shall be for the proposed additional expenditure. 



56 OUTLINE OF CIVIL GOVERNMENT IN ILLINOIS. 

ARTICLE V.— EXECUTIVE DEPARTMENT. 

§ 1. The executive department shall consist of a governor, 
lieutenant-governor, secretary of State, auditor of public accounts, 
treasurer, superintendent of public instruction, and attorney- 
general, who shall, each, with the exception of the treasurer, hold 
his office for the term of four years from the second Monday of 
January next after his election, and until his successor is elected and 
qualified. They shall, except the lieutenant-governor, reside at the 
seat of government during their term of office, and keep the public 
records, books and papers there, and shall perform such duties as 
may be prescribed by law. 

§ 2. The treasurer shall hold his office for the term of two years, 
and until his successor is elected and qualified, and shall be ineligible 
to said office for two years next after the end of the term for which 
he was elected. He may be required by the Governor to give 
reasonable additional security, and in default of so doing his office 
shall be deemed vacant. 

ELECTION. 

§ 3. An election for governor, lieutenant-governor, secretary of 
State, auditor of public accounts, and attorney-general shall be 
held on the Tuesday next after the first Monday of November, in the 
year of our Lord 1872, and every four years thereafter; for 
superintendent of public instruction, on the Tuesday next after the 
first Monday of November, in the year 1870, and every four years 
thereafter; and for treasurer, on the day last above mentioned, and 
every two years thereafter, at such places and in such manner as 
may be prescribed by law. 

§ 4. The returns of every election for the above-named officers 
shall be sealed up and transmitted, by the returning officers, to the 
secretary of State, directed to "The speaker of the house of 
representatives," who shall, immediately after the organization of 
the house, and before proceeding to other business, open and publish 
the same in the presence of a majority of each house of the general 
assembly, who shall, for that purpose, assemble in the hall of the 
house of representatives. The person having the highest number of 
votes for either of said offices shall be declared duly elected; but if 
two or more have an equal and the highest number of votes, the 
general assembly shall, by joint ballot, choose one of such persons 
for said office. Contested elections for all of said offices shall be 
determined by both houses of the general assembly, by joint ballot, 
in such manner as may be prescribed by law. 

ELIGIBILITY. 
§ 5. No person shall be eligible to the office of governor or 
lieutenant-governor who shall not have attained the age of 30 years, 
and been, for five years next preceding his election, a citizen of the 
United States and of this State. Neither the governor, lieutenant- 
governor, auditor of public accounts, secretary of State, superintendent 
of public instruction, nor attorney-general shall be eligib 1 e to any 
other office during the period for which he shall have been elected. 

GOVERNOR. 

§ 6. The supreme executive power shall be vested in the 
governor, who shall take care that the laws be faithfully executed. 



CONSTITUTION. . 57 

§ 7. The governor shall, at the commencement of each session, 
and at the close of his term of office, give to the general assembly 
information, by message, of the condition of the State, and shall 
recommend such measures as he shall deem expedient. He shall 
account to the general assembly, and accompany his message with 
a statement of all moneys received and paid out by him from any 
funds subject to his order, with vouchers, and, at the commencement 
of each regular session, present estimates of the amount of money 
required to be raised by taxation for all purposes. 

§ 8. The governor may, on extraordinary occasions, convene the 
general assembly, by proclamation, stating therein the purpose for 
which they are convened ; and the general assembly shall enter upon 
no business except that for which they were called together. 

§ 9. In case of a disagreement between the two houses with 
respect to the time of adjournment, the governor may, on the same 
being certified to him, by the house first moving the adjournment, 
adjourn the general assembly to such time as he thinks proper, not 
beyond the first day of the next regular session. 

§ 10. The governor shall nominate, and by and with the advice 
and consent of the senate (a majority of all the senators elected 
concurring by yeas and nays), appoint all officers whose offices are 
established by this constitution, or which may be created by law, 
and whose appointment or election is not otherwise provided for ; and 
no such officer shall be appointed or elected by the general assembly. 

§ 11. In any case of vacancy, during the recess of the senate, in any 
office which is not elective, the governor shall make a temporary 
appointment until the next meeting of the senate, when he shall 
nominate some person to fill such office ; and any person so nominated, 
who is confirmed by the senate (a majority of all the senators elected 
concurring by yeas and nays), shall hold his office during the 
remainder of the term, and until his successor shall be appointed and 
qualified. No person, after being rejected by the senat , shall be 
again nominated for the same office at the same session, unless at 
the request of the senate, or be appointed to the same office during 
the recess of the general assembly. 

§ 12. The governor shall have power to remove any officer whom 
he may appoint, in case of incompetency, neglect of duty, or 
malfeasance in office ; and he may declare his office vacant, and fill 
the same as is herein provided in other cases of vacancy. 

§ 13. The governor shall have power to grant reprieves, com- 
mutations and pardons, after conviction, for all offenses, subject to 
such regulations as may be provided by law relative to the manner 
of applying therefor. 

§ 14. The governor shall be commander-in-chief of the military 
and naval forces of the State (except when they shall be called into 
the service of the United States), and may call out the same to 
execute the laws, suppress insurrection, and repel invasion. 

§ 15. The governor, and all civil officers of this State, shall be 
liable to impeachment for any misdemeanor in office, 

VETO. 

§ 16. Every bill passed by the general assembly shall, before it 
becomes a law, be presented to the governor. If he approve, he shall 
sign it, and thereupon it shall become a law, but if he do not approve, 



58 OUTLINE OF CIVIL GOVERNMENT IN ILLINOIS. 

he shall return it, with his objections, to the house in which it shall 
have originated, which house shall enter the objections at large upon 
its journal, and proceed to reconsider the bill. If, then, two-thirds of 
the members elected agree to pass the same, it shall be sent, together 
with the objections, to the other house, by which it shall likewise be 
reconsidered ; and if approved by two-thirds of the members elected 
to that house, it shall become a law, notwithstanding the objections 
of the governor. But in all such cases the vote of each house shall be 
determined by yeas and nays, to be entered on the journal. Any bill 
which shall not be returned by the governor within ten days (Sundays 
excepted) after it shall have been presented to him, shall become a 
law in like manner as if he had signed it, unless the general assembly 
shall, by their adjournment, prevent its return; in which case it shall 
be filed, with his objections, in the office of the secretary of State, 
within ten days after such adjournment, or become a law. 

LIEUTENANT-GOVERNOR. 

§ 17. In case of the death, conviction on impeachment, failure to 
qualify, resignation, absence from the State, or other disability of 
the governor, the powers, duties and emoluments of the office, for the 
residue of the term, or until the disability shall be removed, shall 
devolve upon the lieutenant-governor. 

§ 18. The lieutenant-governor shall be president of the senate, 
and shall vote only when the senate is equally divided. The senate 
shall choose a president, pro tempore, to preside in case of the 
absence or impeachment of the lieutenant-governor, or when he 
shall hold the office of governor. 

§ 19. If there be no lieutenant-governor, or if the lieutenant- 
governor shall, for any of the causes specified in § 17 of this aritcle, 
become incapable of performing the duties of the office, the president 
of the senate shall act as governor until the vacancy is filled or the 
disability removed; and if the president of the senate, for any of the 
above-named causes, shall become incapable of performing the duties 
of governor, the same shall devolve upon the speaker of the house of 
representatives. 

OTHER STATE OFFICERS. 

§ 20. If the office of auditor of public accounts, treasurer, secretary 
of State, attorney general, or superintendent of public instruction shall 
be vacated by death, resignation or otherwise, it shall be the duty of 
the governor to fill the same by appointment, and the appointee 
shall hold his office until his successor shall be elected and qualified 
in such manner as may be provided by law. An account shall be 
kept by the officers of the executive department, and of all the 
public institutions of the State, of all moneys received or disbursed 
by them, severally, from all sources, and for every service performed, 
and a semi-annual report thereof be made to the governor, under 
oath ; and any officer who makes a false report shall be guilty of per- 
jury, and punished accordingly. 

§ 21. The officers of the executive department, and of all the public 
institutions of the State, shall, at least ten days preceding each regular 
session of the general assembly, severally report to the governor, who 
shall transmit such reports to the general assembly, together with 
the reports of the judges of the supreme court of the defects in the 
constitution and laws ; and the governor may at any time require 



CONSTITUTION. 59 

information, in writing, under oath, from the officers of the executive 
department, and all officers and managers of State institutions, upon 
any subject relating to the condition, management and expenses of 
their respective offices. 

THE SEAL OF STATE. 

- § 22. There shall be a seal of the State, which shall be called the 
"Great Seal of the State of Illinois," which shall be kept by the 
secretary of State, and used by him, officially, as directed by law. 

FEES AND SALARIES. 

§ 23. The officers named in this article shall receive for their serv- 
ices a salary, to be established by law, which shall not be increased 
or diminished during their official terms, and they shall not, after the 
expiration of the terms of those in office at the adoption of this con- 
stitution, receive to their own use any fees, costs, perquisites of office, 
or other compensation. And all fees that may hereafter be payable 
by law, for any service performed by any officer provided for in this 
article of the constitution, shall be paid in advance into the, State 
treasury. 

DEFINITION AND OATH OF OFFICE. 

§ 24. An office is a public position created by the constitution or 
law, continuing during the pleasure of the appointing power, or for 
a fixed time, with a successor elected or appointed. An employment 
is an agency, for a temporary purpose, which ceases when that 
purpose is accomplished. 

§ 25. All civil officers, except members of the general assembly, 
and such inferior officers as may be by law exempted, shall, before 
they enter on the duties of their respective offices, take and subscribe 
the following oath or affirmation : 

"I do solemnly swear (or affirm, as the case may be) that I will 
support the constitution of the United States, and the constitution of 
the State of Illinois, and that I will faithfully discharge the duties of 
the office of according to the best of my ability. ' ' 

And no other oath, declaration or test shall be required as a 
qualification. 

ARTICLE VI— JUDICIAL DEPARTMENT. 

_§ 1. The Judicial powers, except as in this article is otherwise 
provided, shall be vested in one supreme court, circuit courts, county 
courts, justices of the peace, police magistrates, and in such courts 
as may be created by law in and for cities and incorporated towns. 

SUPREME COURT. 

§ 2. The supreme court shall consist of seven judges, and shall 
have original jurisdiction in cases relating to the revenue, in 
mandamus and habeas corpus, and appellate jurisdiction in all other 
cases. One of said judges shall be chief justice ; four shall constitute 
a quorum, and the concurrence of four shall be necessary to every 
decision. 

§ 3. No person shall be eligible to the office of judge of the 
supreme court unless he shall be at least 30 years of age, and a citizen 



60 OUTLINE OF CIVIL GOVERNMENT IN ILLINOIS. 

of the United States, nor unless he shall have resided in this State 
five years next preceding his election, and be a resident of the 
district in which he shall be elected. 

§ 4. Terms of the supreme court shall continue to be held in the 
present grand divisions at the several places now provided for 
holding the same ; and until otherwise provided by law, one or more 
terms of said court shall be held, for the northern division, in the 
city of Chicago, each year, at such times as said court may appoint, 
whenever said city or the county of Cook shall provide appropriate 
rooms therefor, and the use of a suitable library, without expense to 
the State. The judicial divisions may be altered, increased or 
diminished in number, and the times and places of holding said court 
may be changed by law. 

§ 5. The rlresent grand divisions shall be preserved, and be 
denominated Southern, Central and Northern, until otherwise pro- 
vided by law. The State .shall be divided into seven districts for the 
election of judges, and, until otherwise provided by law, they shall 
be as follows : (Note on §4 and §5. Grand divisions were abolished by 
law in 1897.) 

First District. — The counties of St. Clair, Clinton, Washington, 
Jefferson, Wayne, Edwards, Wabash, White, Hamilton, Franklin, 
Perry, Randolph, Monroe, Jackson, Williamson, Saline, Gallatin, 
Hardin, Pope, Union, Johnson, Alexander, Pulaski and Massac. 

Second District. — The counties of Madison, Bond, Marion, Clay, 
Richland, Lawrence, Crawford, Jasper, Effingham, Fayette, Mont- 
gomery, Macoupin, Shelby, Cumberland, Clark, Greene, Jersey, 
Calhoun and Christian. 

Third District. — The counties of Sangamon, Macon, Logan, 
DeWitt, Piatt, Douglas, Champaign, Vermillion, McLean, Livingston, 
Ford, Iroquois, Coles, Edgar, Moultrie, and Tazewell. 

Fourth Dictrict. — The counties of Fulton, McDonough, Hancock, 
Schuyler, Brown, Adams, Pike, Mason, Menard, Morgan, Cass and 
Scott. 

Fifth District. — The counties of Knox, Warren, Henderson, 
Mercer, Henry, Stark, Peoria, Marshall, Putnam, Bureau, La Salle, 
Grundy and Woodford. 

Sixth District. — The counties of Whiteside, Carroll, Jo Daviess, 
Stephenson, Winnebago, Boone, McHenry, Kane, Kendall, De Kalb, 
Lee, Ogle, and Rock Island. 

Seve7tth District. — The counties of Lake, Cook, Will, Kankakee 
and Du Page. 

The boundaries of the districts may be changed at the session of the 
general assembly next preceding the election for judges therein, and 
at no other time; but whenever such alteration shall be made, 
the same shall be upon the rule of equality of population, as 
nearly as county boundaries will allow, and the districts shall be 
composed of contiguous counties, in as nearly compact form as 
circumstances will permit. The alteration of the districts shall not 
affect the tenure of office of any judge. 

§ 6. At the time of voting on the adoption of this constitution, 
one judge of the supreme court shall be elected by the electors 
thereof, in each of said districts numbered two, three, six and seven, 
who shall hold his office for the term of nine years, from the first 
Monday of June, in the year of our Lord 1870. The term of office of 
the judges of the supreme court, elected after the adoption of this 



CONSTITUTION. 6l 

constitution, shall be nine years ; and on the first Monday of June of 
the year in which the term of any of the judges in office at the 
adoption of this constitution, or of the judges then elected, shall 
expire, and every nine years thereafter, there shall be an election for 
the successor or successors of such judges, in the respective districts 
wherein the term of such judges shall expire. The chief justice shall 
continue to act as such until the expiration of the term for which he 
was elected, after which the judges shall choose one of their number 
chief justice. 

§ 7. From and after the adoption of this constitution, the judges 
of the supreme court shall each receive a salary of $4,000 per annum, 
payable quarterly, until otherwise provided by law. And after said 
salaries shall be fixed by law, the salaries of the judges in office shall 
not be increased or diminished during the terms for which said judges 
have been elected. 

§ 8. Appeals and writs of error may be taken to the supreme 
court, held in the grand division in which the case is decided, or, by 
consent of the parties, to any other grand division. 

§ 9. The supreme court shall appoint one reporter of its decisions, 
who shall hold his office for six years, subject to removal by the 
court. 

§ 10. At the time of , the election for representatives in tne 
general assembly, happening next preceding the expiration of the 
terms of office of the present clerks of said court, one clerk of said 
court for each division shall be elected, whose term of office shall be 
for six years from said election, but who shall not enter upon the 
puties of his office until the expiration of the term of his predecessor, 
and every six years thereafter one clerk of said court for each division 
shall be elected. 

APPELLATE COURTS. 

§ 11. After the year of our Lord 1874, inferior appellate courts, of 
uniform organization and jurisdiction, may be created in districts 
formed for that purpose, to which such appeals and writs of error as 
the general assembly may provide may be prosecuted from circuit and 
other courts, and from which appeals and writs of error shall lie to 
the supreme court, in all criminal cases, and cases in which a 
franchise, or freehold, or the validity of a statute is involved, and in 
such other cases as may be provided by law. Such appellate courts 
shall be held by such number of judges of the circuit courts, and at 
such times and places, and in such manner, as may be provided by 
law; but no judge shall sit in review upon cases decided by him ; 
nor shall said judges receive any addtional compensation for 
such services. 

CIRCUIT COURTS. 

§ 12. The circuit courts shaH have original jurisdiction of all 
causes in law and equity, and such'appellate jurisdiction as is or may 
be provided by law, and shall hold two or more terms each year in 
every county. The terms of office of judges or circuit courts shall be 
six years. 

§ 13. The State, exclusive of the county of Cook and other 
counties having a population of 100,000, shall be divided into judicial 
circuits, prior to the expiration of the terms of office of the present 
judges of the circuit courts. Such circuits shall be formed of con- 
tiguous counties, in as nearly compact form and as nearly equal as 



62 OUTLINE OF CIVIL GOVERNMENT IN ILLINOIS. 

circumstances will permit, having due regard to business, territory 
and population, and shall not exceed in number one circuit for every 
100,000 of population in the State. One judge shall be elected for 
each of said circuits by the electors thereof. New circuits may be 
formed and the boundaries of circuits changed by the general 
assembly, as its session next preceding the election for circuits 
judges, but at no other time ; Provided, that the circuits may be 
equalized or changed at the first session of the general assembly after 
the adoption of this constitution. The creation, alteration or change 
of any circuit shall not affect the tenure of office of any judge. 
Whenever the business of the circuit court of any one, or of two or 
more contiguous counties, containing a population exceeding 50,000, 
shall occupy nine months of the year, the general assembly may 
make of such county or counties a separate circuit. Whenever addi- 
tional circuits are created, the foregoing limitations shall be observed. 

§ 14. The general assembly shall provide for the times of holding 
court in each county, which shall not be changed, except by the 
general assembly next preceeding the general election for judges of 
said courts ; but additional terms may be provided for in any county. 
The election for judges of the circuit courts shall be held on the first 
Monday in June, in the year of our Lord 1873, and every six years 
thereafter. 

§ 15. The general assembly may divide the State into judicial 
circuits of greater population and territory, in lieu of the circuits 
provided for in section 13 of this article, and provide for the election 
therein, severally, by the electors thereof, by general ticket, of not 
exceeding four judges, who shall hold the circuit courts in the circuits 
for which they shall be elected, in such manner as may be provided 
by law. 

§ 16. From and after the adoption of this constitution, judges of 
the circuit courts shall receive a salary of $3,000 per annum, payable 
quarterly, until otherwise provided by law. And after their salaries 
shall be fixed by law, they shall not be increased or diminished 
during the terms for which said judges shall be, respectively, elected; 
and from and after the adoption of this constitution, no judge of the 
supreme or circuit court shall receive any other compensation, per- 
quisite or benefit, in any form whatsoever, nor perform any other 
than judicial duties to which may belong any emoluments. 

§ 17. No person shall be eligible to the office of judge of the 
circuit or any inferior court, or to membership in the "board of 
county commissioners," unless he shall be at least 25 years of age, 
and a citizen of the United States, nor unless he shall have resided in 
this State five years next preceding his election, and be a resident of 
the circuit, county, city, cities, or incorporated town in which he shall - 
be elected. 

COUNTY COURTS. 

§ 18. There shall be elected in and for each county, one county 
judge and one clerk of the county court, whose terms of office shall be 
four years. But the general assembly may create districts of two or 
more contiguous counties, in each of which shall be elected one 
judge, who shall take the place of, and exercise the powers and 
jurisdiction of county judges in such districts. County courts shall be 
courts of record, and shall have original jurisdiction in all matters of 
probate, settlement of estates of deceased persons, appointment of 



CONSTITUTION. 63 

guardians and conservators, and settlements of their accounts, in all 
matters relating to apprentices, and in proceedings for the collection 
of taxes and assessments, and such other jurisdiction as may be 
provided for by general law 

§ 19. Appeals and writs of error shall be allowed from final 
determinations of county courts, as may be provided by law. 

PROBATE COURTS. 

§ 20. The general assembly may provide^for the establishment of 
a probate court in each county having a "population of over 50,000, 
and for the election of a judge thereof, whose term of office shall be 
the same as that of the county judge, and who shall be elected at the 
same time and in the same manner. Said courts, when established, 
shall have original jurisdiction of all probate matters, the settlement 
of estates of deceased persons, the appointment of guardians and con- 
servators, and settlement of their accounts ; in all matters relating to 
apprentices, and in cases of the sales of real estate of deceased 
persons for the payment of debts. 

JUSTICES OF THE PEACE AND CONSTABLES. 

§ 21. Justices of the peace, police magistrates, and constables shall 
be elected in and for such districts as are, or may be, provided by 
law, and the jurisdiction of such justices of the peace and police 
magistrates shall be uniform. 

STATE'S ATTORNEYS. 

§ 22. At the election for members of the general assembly in the 
year of our Lord 1872, and every four years thereafter, there shall be 
elected a state's attorney in and for each county, in lieu of the 
State's attorneys now provided by law, whose term of office shall be 
four years. 

COURTS OF COOK COUNTY. 

§ 23. The county of Cook shall be one judicial circuit. The 
circuit court of Cook county shall consist of five judges, until their 
number shall be increased, as herein provided. The present judge 
of the recorder's court of the city of Chicago, and the present judge 
of the circuit court of Cook county, shall be two of said judges, and 
shall remain in office for the terms for which they were respectively 
elected, and until their successors shall be elected and qualified. 
The superior court of Chicago shall be continued, and called the 
superior court of Cook county. The general assembly may increase 
the number of said judges, by adding one to either of said courts for 
every additional 50,000 inhabitants in said county over and above a 
population of 400,000. The terms of office of the judges of said 
courts hereafter elected, shall be six years. 

§ 24. The judge having the shortest unexpired term shall be 
chief justice of the court of which he is a judge. In case there are two 
or more whose terms expire at the same time, it may be determined 
by lot which shall be chief justice. Any judge of either of said 
courts shall have all the powers of a circuit judge, and may hold the 
court of which he is a member. Each of them may hold a different 
branch thereof at the same time. 

§ 25. The judges of the superior and circuit courts, and the State's 



64 OUTLINE OF CIVIL GOVERNMENT IN ILLINOIS. 

attorney, in said county, shall receive the same salaries, payable out 
of the State treasury, as is or may be paid from said treasury to the 
circuit judges and the State's attorneys of the State, and such further 
compensation, to be paid by the said county of Cook, as is or may be 
povided by law; such compensation shall not be changed during 
their continuance in office. 

§ 26. The recorder's court of the city of Chicago shall be 
continued, and shall be called the "criminal court of Cook county." 
It shall have the jurisdiction of a circuit court, in all cases of criminal 
and quasi criminal nature, arising in the county of Cook, or that may 
be brought before said court pursuant to law ; and all recognizances 
and appeals taken in said county, in criminal and quasi criminal 
cases, shall be returnable and taken to said court. It shall have no 
jurisdiction in civil cases, except those in behalf of the people, and 
incident to such criminal or quasi criminal matters, and to dispose 
of unfinished business. The terms of said criminal court of Cook 
county shall be held by one or more of the judges of the circuit or 
superior court of Cook county, as nearly as may be in alternation, as 
may be determined by said judges, or provided by law. Said judges 
shall be ex-officio judges of said court. 

§ 27. The present clerk of the recorder's court of the city of 
Chicago shall be the clerk of the criminal court of Cook county, during 
the term for which he was elected. The present clerks of the 
superior courts of Chicago, and the present clerk of the circuit court 
of Cook county, shall continue in office during the terms for which 
they were respectively elected; and thereafter there shall be but one 
clerk of the superior court, to be elected by the qualified electors of 
said county, who shall hold his office for the term of four years, and 
until his successor is elected and qualified. 

§ 28. All justices of the peace of the city of Chicago shall be 
appointed by the governor, by and with the advice and consent of 
the senate, (but only upon the recommendation of a majority of the 
judges of the circuit, superior and county courts), and for such 
districts as are now or shall hereafter be provided by law. They 
shall hold their offices for four years, and until their successors have 
been commissioned and qualified, but they may be removed by sum- 
mary proceeding in the circuit or superior courts, for extortion or 
other malfeasance. Existing justices of the peace and police 
magistrates may hold their offices until the expiration of their 
respective terms. 

GENERAL PROVISIONS. 

§ 29. All judicial officers shall be commissioned by the governor. 
All laws relating to courts shall be general, and of uniform opera- 
tion; and the oganization, jurisdiction, powers, proceedings and 
practice of all courts, of the same class or grade, so far as regulated 
by law, and the force and effect of the process, judgments and 
decrees of such courts, severally, shall be uniform. 

§ 30. The general assembly may, for cause entered on the 
journals, upon due notice and opportunity of defense, remove from 
office any judge, upon concurrence of three-fourths of all the members 
elected, of each house. All other officers in this article mentioned 
shall be removed from office, on prosecution and final conviction, for 
misdemeanor in office. 

§ 31. All judges of courts of record, inferior to the supreme court, 



CONSTITUTION. 65 

shall, on or before the first day of June, of each year, report in 
writing to the judges of the supreme court, such defects and omissions 
in the laws as their experience may suggest ; and the judges of the 
supreme court shall, on or before the first day of January of each 
year, report in writing to the governor such defects and omissions in 
the constitution and laws as they may find to exist, together with 
appropriate forms of bills to cure such defects and omissions in the 
laws. And the judges of the several circuit courts shall report to the 
next general assembly the number of days they have held court in 
the several counties composing their respective circuits, the preceding 
two years. 

§ 32. All officers provided for in this article shall hold their 
offices until their successors shall be qualified, and they shall, 
respectively, reside in the division, circuit, county or district for 
which they may be elected or appointed. The terms of office of all 
such officers, where not otherwise prescribed in this article, shall be 
four years. All officers, where not otherwise provided for in this 
article, shall perform such duties and receive such compensation as 
is or may be provided by law. Vacancies in such elective offices 
shall be filled by election ; but where the unexpired term does not 
exceed one year, the vacancy shall be filled by appointment, as 
follows. Of judges, by the governor; of clerks of courts, by the 
court to which the office appertains, or by the judge or judges 
thereof ; and of all such other offices, by the board of supervisors or 
board of county commissioners in the county where the vacancy 
occurs. 

§ 33. A11 process shall run: In the name of the People of the 
State of Illinois \ and all prosecutions shall be carried on: In the 
name and by the authority of the People of the State of Illinois; and 
conclude: Against the peace and dignity of the same. "Popula- 
tion," wherever used in this article, shall be determined by the next 
preceding census of this State, or of the United States. 

ARTICLE VII.— SUFFRAGE. 

§ 1. Every person having resided in this State one year, in the 
county, ninety days, and in the election district thirty days next 
preceding any election therein, who was an elector in this State on 
the first day of April, in the year of our Lord 1848, or obtained a 
certificate of naturalization before any court of record in this State 
prior to the first day of January, in the year of our Lord 1870, or 
who shall be male citizen of the United States, above the age of 
twenty -one years, shall be entitled to vote at such election. 

§ 2. All votes shall be by ballot. 

§ 3. Electors shall, in all cases except treason, felony, or breach 
of the peace, be privileged from arrest during their attendance at 
elections, and in going to and returning from the same. And no 
elector shall be obliged to do military duty on the days of election, 
except in time of war or public danger. 

_ § 4. No elector shall be deemed to have lost his residence in this 
State by reason of his absence on business of the United States, or 
of this State, or in the military or naval service of the United States. 

§ 5. No soldier, seaman or marine in the army or navy of the 
United States shall be deemed a resident of this State in consequence 
of being stationed therein. 



66 OUTLINE OF CIVIL GOVERNMENT IN ILLINOIS. 

§ 6. No person shall be elected or appointed to any office in this 
State, civil or military, who is not a citizen of the United States, 
and who shall not have resided in this State one year preceding the 
election or appointment. 

§ 7. The general assembly shall pass laws excluding from the 
right of suffrage persons convicted of infamous crimes. 

ARTICLE VIIL— EDUCATION. 

§ 1. The general assembly shall provide a thorough and efficient 
system of free schools, whereby all children of this State may 
receive a good common-school education. 

§ 2. All lands, moneys, or other property, donated, granted, or 
received, for school, college, seminary or university purposes, and the 
proceeds thereof, shall be faithfully applied to the objects for which 
such grants were made. 

§ 3. Neither the general assembly, nor any county, city, town, 
township, school district, or other puplic corporation, shall ever make 
any appropriation or pay from any public fund whatever, anything 
in aid of any church or sectarian purpose, or to help support or 
sustain any school, academy, seminary, college, university, or other 
literary or scientific institution, controlled by any church or sectarian 
denomination whatever ; nor shall any grant or donation of land, 
money, or other personal property ever be made by the State or 
any such public corporation, to any church, or for any sectarian 
purposes. 

§ 4. No teacher, State, county, township, or district school officer 
shall be interested in the sale, proceeds or profits of any book, 
apparatus or furniture, used or to be used, in any school in this State, 
with which such officer or teacher maybe connected, under such 
penalties as may be provided by the general assembly. 

§ 5. There may be a county superintendent of schools in each 
county, whose qualifications, powers, duties, compensation, and 
time and manner of election, and term of office shall be prescribed 
by law. 

ARTICLE IX.— REVENUE. 

§ 1. The general assembly shall provide such revenue as may be 
needful by levying a tax, by valuation, so that every person and 
corporation shall pay a tax in proportion to the value of his, her or 
its property — such value to be ascertained by some person or persons, 
to be elected or appointed in such manner as the general assembly 
shall direct, and not otherwise ; but the general assembly shall have 
power to tax peddlers, auctioneers, brokers, hawkers, merchants, 
commission merchants, showmen, jugglers, inn-keepers, grocery 
keepers, liquor dealers, toll bridges, ferries, insurance, telegraph and 
express interests or business, venders of patents, and persons or 
corporations owning or using franchises and privileges, in such 
manner as it shall from time to time direct by general law, uniform 
as to the class upon which it operates. 

§ 2. The specification of the objects and subjects of taxation shall 
not deprive the general assembly of the power to require other sub- 
jects or objects to be taxed in such manner as may be consistent 
with the principles of ta>: ation fixed in this constitution. 

§ 3. The property of the State, counties, and other municipal 



CONSTITUTION. 67 

corporations, both real and personal, and such other property as may 
be used exclusively for agricultural and horticultural societies, for 
school, religious, cemetery and charitable purposes, may be exempted 
from taxation ; but such exemption shall be only by general law. In 
the assessment of real estate incumbered by public easement, any 
depreciation occasioned by such easement may be deducted in the 
valuation of such property. 

§ 4. The general assembly shall provide, in all cases where it 
may be necessary to sell real estate for the non-payment of taxes or 
special assessments for State, county, municpal or other purposes, 
that a return of such unpaid taxes or assessments shall be made to 
some general officer of the county having authority to receive State 
and county taxes ; and there shall be no sale of said property for any 
of said taxes or assessments but by said officer, upon the order or 
judgment of some court of record. 

§ 5. The right of redemption from all sales of real estate for the 
non-payment of taxes or special assessments of any character what- 
ever, shall exist in favor of owners and persons interested in such real 
estate, for a period of not less than two years from such sales thereof. 
And the general assembly shall provide by law for reasonable notice 
to be given to the owners or parties interested, by publication or 
otherwise, of the fact of the sale of the property for such taxes or 
assessments, and when the time of redemption shall expire : Provided, 
that occupants shall in all case be served with personal notice before 
the time of redemption expires. 

§ 6. The general assembly shall have no power to release or 
discharge any county, city, township, town or district whatever, 
or the inhabitants thereof, or the property therein, from their or its 
proportionate share of taxes to be levied for State purposes, nor shall 
commutation for such taxes be authorized in any form whatsoever. 

§ 7. All taxes levied for State purposes shall be paid into the 
State treasury. 

§ 8. County authorities shall never assess taxes, the aggregate of 
which shall exceed 75 cents per $100 valuation, except for the pay- 
ment of indebtedness existing at the adoption of this constitution, 
unless authorized by a vote of the people of the county. 

§ 9. The general assembly may vest the corporate authorities of 
cities, towns, and villages with power to make local improvements 
by special assessment, or by special taxation of contiguous property, or 
otherwise. For all other corporate purposes, all municipal corpora- 
tions may be vested with authority to assess and collect taxes, but 
such taxes shall be uniform in respect to persons and property within 
the jurisdiction of the body imposing the same. 

§ 10. The general assembly shall not impose taxes upon municipal 
corporations, or the inhabitants or property thereof, for corporate 
purposes, but shall require that all the taxable property within the 
limits of municipal corporations shall be taxed for the payment of 
debts contracted under authority of law, such taxes to be uniform in 
respect to persons and property, within the jurisdiction of the body 
imposing the same. Private property shall not be liable to be taken 
or sold for the payment of the corporate debts of a municipal 
corporation. 

§ 11. No person who is in default, as collector or custodian of 
money or property belonging to a municipal corporation, shall be 
eligible to any office in or under such corporation. The fees, salary 



68 OUTLINE OF CIVIL GOVERNMENT IN ILLINOIS. 

or compensation of no municipal officer who is elected or appointed 
for a definite term of office, shall be increased or diminished during 
such term. 

§ 12. No county, city, township, school district, or other 
municipal corporation, shall be allowed to become indebted in any 
manner or for any purpose to an amount, including existing indebted- 
ness, in the aggregate exceeding five per centum on the value of the 
taxable property therein, to be ascertained by the last assessment for 
State and county taxes, previous to the incurring of such indebtedness. 
Any county, city, school district, or other municipal corporation, 
incurring any indebtedness as aforesaid, shall, before, or at the time 
of doing so, provide for the collection of a direct annual tax sufficient 
to pay the interest on such debt as it falls due, and also to pay and 
discharge the principal thereof within twenty years from the time of 
contracting the same. This section shall not be construed to prevent 
any county, city, township, school district, or other municipal 
corporation, from issuing their bonds in compliance with any vote of 
the people which may have been had prior to the adoption of this 
constitution in pursuance of any law providing therefor. 

ARTICLE X.— COUNTIES. 

§ i. No new county shall be formed or established by the general 
assembly which will reduce the county or counties, or either of them, 
from which it shall be taken, to less contents than 400 square miles ; 
nor shall any county be formed of less contents : nor shall any line 
thereof pass within less than ten miles of any county seat of the 
county or counties proposed to be divided. 

§ 2. No county shall be divided, or have any part stricken 
therefrom, without submitting the question to a vote of the people of 
the county, nor unless a majority of all the legal voters of the county 
voting on the question shall vote for the same. 

- § 3. There shall be no territory stricken from any county, unless 
a majority of the voters living in such territory shall petition for such 
division ; and no territory shall be added to any county without the 
consent of the majority of the voters of the county to which it is pro- 
posed to be added. But the portion so stricken off and added to 
another county, or formed in whole or in part into a new county, 
shall be holden for, and obliged to pay its proportion of the indebted- 
ness of the county from which it has been taken. 

COUNTY SEATS. 
§ 4. No county seat shall be removed until the point to which it 
is proposed to be removed shall be fixed in pursuance of law, and 
three-fifths of the voters of the county, to be ascertained in such 
manner as shall be provided by general law, shall have voted in 
favor of its removal to such point ; and no person shall vote on such 
question who has not resided in the county six months, and in the 
election precinct ninety days next preceding such election. The 
question of the removal of a county seat shall not be oftener submitted 
than once in ten years to a vote of the people. But when an attempt 
is made to remove a county seat to a point nearer to the center of a 
county, then a majority vote only shall be necessary. 

COUNTY GOVERNMENT. 
§ 5. The general assembly shall provide, by general law, for town- 
ship organization, under which any county may organize whenever a 



CONSTITUTION. 69 

majority of the legal voters of such county, voting at any general 
election, shall so determine, and whenever any county shall adopt 
township organization, so much of this constitution as provides for 
the management of the fiscal concerns of the said county by the 
board of county commissioners, may be dispensed with, and the 
affairs of said county may be transacted in such manner as the 
general assembly may provide. And in any county that shall have 
adopted a township organization, the question of continuing the same 
may be submitted to a vote of the electors of such county, at a general 
election, in the manner that now is or may be provided by law; and 
if a majority of all the votes cast upon that question shall be against 
township organization, then such organization shall cease in said 
county ; and all laws in force in relation to counties not ' having 
township organization, shall immediately take effect and be in force 
in such county. No two townships shall have the same name, and 
the day of holding the annual township meeting shall be uniform 
throughout the State. 

§ 6. At the first election of county judges under this constitution, 
there shall be elected in each of the counties in this State, not under 
township organization, three officers, who shall be styled "The board 
of county commissioners," who shall hold sessions for the transac- 
tion of county business as shall be provided by law. One of said 
commissioners shall hold his office for one year, one for two years, 
and one for three years, to be determined by lot; and every year 
thereafter one such officer shall be elected in each of said counties 
for the term of three years. 

§ 7. The county affairs of Cook county shall be managed by a 
board of commissioners of fifteen persons, ten of whom shall be 
elected from the city of Chicago, and five from towns outside of said 
city, in such manner as may be provided by law. 

COUNTY OFFICERS AND THEIR COMPENSATION. 

*§ 8. In each county there shall be elected the following county 
officers, at the general election to be held on the Tuesday after the 
first Monday in November, A. D. 1882: A county judge, county 
clerk, sheriff and treasurer; and at the election to be held on the 
Tuesday after the first Monday in November, A D. 1884, a coroner 
and clerk of the circuit court (who may be ex-officio recorder of 
deeds, except in counties having 60,000 or more inhabitants, in which 
counties a recorder of deeds shall be elected at the general election 
in 1884.) Each of said officers shall enter upon the duties of his office, 
respectively on the first Monday of December after his election, and 
they shall hold their respective offices for the term of four years, and 
until their successors are elected and qualified. Provided, that no 
person having once been elected to the office of sheriff or treasurer, 
shall be eligible to re-election to said office for four years after the 
expiration of the term for which he shall have been elected. 

§ 9. The clerks of all the courts of record, the treasurer, sheriff, 
coroner and recorder of deeds of Cook county, shall receive as their 
only compensation for their services, salaries to be fixed by law, which 
shall in no case be as much as the lawful compensation of a judge 
of the circuit court of said county, and shall be paid, respectively, 

* NOTE). -Sec. 8 is an amendment adopted Nov. 2, 1880. 



70 OUTLINE OF CIVIL GOVERNMENT IN ILLINOIS. 

only out of the fees of the office actually collected. All fees, 

perquisites, and emoluments (above the amount of said salaries) shall 
be paid into the county treasury. The numoer of deputies and 
assistants of such officers shall be determined by rule of the circuit 
court, to be entered of record, and their compensation shall be 
determined by the county board. 

§ 10. The county board, except as provided in § 9 of this article, 
shall fix the compensation of all county officers, with the amount of 
their necessary clerk hire, stationery, fuel, and other expenses, and 
in all cases where fees are provided for, said compensation shall be 
paid only out of, and shall in no instance exceed, the fees actually 
collected; they shall not allow either of them more per annum than 
$1,500 in counties not exceeding 20,000 inhabitants ; $2,000 in counties 
containing 20,000 and not exceeding 30,000 inhabitants; $2,500 in 
counties containing 30,000 and not exceeding 50,000 inhabitants; 
$3,000 in counties containing 50,000 and not exceeding 70,000 
inhabitants; $3,500 in counties containing 70,000 and not exceeding 
100,000 inhabitants; and $4,000 in counties containing over 100,000 
and not exceeding 250,000 inhabitants; and not more than $1,000 
additional compensation for each additional 100,000 inhabitants: 
Provided, that the compensation of no officer shall be increased or 
diminished during his term of office. All fees or allowances by 
them received, in excess of their said compensation, shall be paid 
into the county treasury. 

§ 11. The fees of township officers, and of each class of county 
officers, shall be uniform in the class of counties to which they 
respectively belong. The compensation herein provided for shall 
apply only to officers hereafter elected, but all fees established by 
special laws shall cease at the adpotion of this constitution, and such 
officers shall receive only such fees as are provided by general law. 

§ 12. All laws fixing the fees of State, county and township 
officers, shall terminate with the terms, respectively, of those who 
may be in office at the meeting of the first general assembly after the 
adoption of this constitution; and the general assembly shall, by 
general law, uniform in its operation, provide for and regulate the 
fees of said officers and their successors, so as to reduce the same to 
a reasonable compensation for services actually rendered. But the 
general assembly may, by general law, classify the counties by 
population into not more than three classes, and regulate the fees 
according to class. This article shall not be construed as depriving 
the general assembly of the power to reduce the fees of existing 
officers. 

§ 13. Every person who is elected or appointed to any office in 
this State, who shall be paid in whole or in part by fees, shall be 
required by law to make a semi-annual report, under oath, to some " 
officer to be designated by law, of all his fees and emoluments. 

ARTICLE XL—CORPORATIONS. 

§ 1. No corporation shall be created by special laws, or its charter 
extended, changed or amended, except those for charitable, 
educational, penal, or reformatory purposes, which are to be and 
remain under the patronage and control of the State, but the genera] 
assembly shall provide, by general laws, for the organization of all 
corporations hereafter to be created. 



CONSTITUTION. 



71 



§ 2. All existing charters or grants of special or exclusive privi. 
leges, under which organization shall not have taken place, or which 
shall not have been in operation within ten days from the time this 
constitution takes effect, shall thereafter have no validity or effect 
whatever. 

§ 3. The general assembly shall provide, by law, that in all 
elections for directors or managers of incorporated companies, every 
stockholder shall have the right to vote, in person or by proxy, for 
the number of shares of stock owned by him, for as many persons as 
there are directors or managers to be elected, or to cumulate said 
shares, and give one candidate as many votes as the number of 
directors multiplied by the number of his shares of stock shall equal, 
or to distribute them on the same principle among as many 
candidates as he shall think fit ; and such directors or managers shall 
not be elected in any other manner. 

§ 4. No law shall be passed by the general assembly granting 
the right to construct and operate a street railroad within any city, 
town, or incorporated village, without requiring the consent of the 
local authorities having the control of the street or highway proposed 
to be occupied by such street railroad. 

BANKS. 

§ 5. No State bank shall hereafter be created, nor shall the State 
own or be liable for any stock in any corporation or joint stock com- 
pany or association for banking purposes, now created, or to be 
hereafter created. No act of the general assembly authorizing or 
creating corporations or associations, with banking powers, whether 
of issue, deposit or discount, nor amendments thereto, shall go into 
effect, or in any manner be in force, unless the same shall be 
submitted to a vote of the people at the general election next suc- 
ceeding the passage of the same, and be approved by a majority of 
all the votes cast at such election for or against such law. 

§6. Every stockholder in a banking corporation or institution 
shall be individually responsible and liable to its creditors, over and 
above the amount of stock by him or her held, to an amount equal to 
his or her respective shares so held, for all its liabilities accruing 
while he or she remains such stockholder. 

§ 7. The suspension of specie payments by banking institutions, 
on their circulation, created by the laws of this State, shall never 
be permitted or sanctioned. Every banking association now, or 
which may hereafter be organized under the laws of this State, shall 
make and publish a full and accurate quarterly statement of its 
affairs (which shall be certified to, under oath, by one or more of its 
officers) as may be provided by law. 

§ 8. If a general banking law shall be enacted, it shall provide 
for the registry and countersigning, by an officer of State, of all bills 
or paper credit, designed to circulate as money, and require security, 
to the full amount thereof, to be deposited with the State treasurer, 
in United States or Illinois State stocks, to be rated at ten per cent, 
below their par value ; and in case of a depreciation of said stocks to 
the amount of ten per cent, below par, the bank or banks owning 
said stocks shall be required to make up said deficiency by depositing 
additional stocks. And said law shall also provide for the recording 
of the names of all stockholders in such corporations, the amount of 



72 OUTLINE OF CIVIL GOVERNMENT IN ILLINOIS. 

stock held by each, the time of any transfer thereof, and to whom 
such transfer is made. 

RAILROADS. 

§ 9. Every railroad corporation organized or doing business in 
this State, under the laws or authority thereof, shall have and 
maintain a public office or place in this State for the transaction of its 
business, where transfers of stock shall be made, and in which shall 
be kept, for public inspection, books, in which shall be recorded the 
amount of capital stock subscribed, and by whom; the names of the 
owners of its stock, and the amounts owned by them, respectively; 
the amount of stock paid in, and by whom ; the transfers of said 
stock; the amount of its assets and liabilties, and the names and 
place of residence of its officers. The directors of every railroad 
corporation shall, annually, make a report, under oath, to the auditor 
of public accounts, or some officer to be designated by law, of all their 
acts and doings, which report shall include such matters relating to 
railroads as may be prescribed by law. And the general assembly 
shall pass laws enforcing, by suitable penalties, the provisions of 
this section. 

§ 10. The rolling stock, and all other movable property belonging 
to any railroad company or corporation in this State, shall be con- 
sidered personal property, and shall be liable to execution and sale 
in the same manner as the personal property of individuals, and the 
general assembly shall pass no law exempting any such property 
from execution and sale. 

§ 11. No railroad corporation shall consolidate its stock, property 
or franchises with any other railroad corporation owning a parallel 
or competing line ; and in no case shall any consolidation take place 
except upon public notice given, of at least sixty days, to all stock- 
holders, in such manner as may be provided by law. A majority of 
the directors of any railroad corporation, now incorporated or 
hereafter to be incorporated by the laws of this State, shall be 
citizens and residents of this State. 

§ 12. Railways heretofore constructed, or that may hereafter be 
constructed in this State, are hereby declared public highways, and 
shall be free to all persons for the transportation of their persons and 
property thereon, under such regulations as may be prescribed by 
law. And the general assembly shall, from time to time, pass laws 
establishing reasonable maximum rates of charges for the transporta- 
tion of passengers and freight on the different railroads in this State. 

§ 13. No railroad corporation shall issue any stock or bonds, 
except for money, labor or property actually received, and applied to 
the purposes for which such corporation was created ; and all stock 
dividends, and other fictitious increase of the capital stock or 
indebtedness of any such corporation, shall be void. The capital 
stock of no railroad corporation shall be increased for any purpose, 
except upon giving sixty days* public notice, in such manner as may 
be provided by law. 

§ 14. The exercise of power, and the right of eminent domain, 
shall never be so construed or abridged as to prevent the taking by 
the general assembly, of the property and franchises of incorporated 
companies already organized, and subjecting them to the public 
necessity the same as of individuals. The right of trial by jury shall 
be held inviolate in all trials of claims for compensation, when, in 



CONSTITUTION. 73 

the exercise of the said right of eminent domain, any incorporated 
company shall be interested either for or against the exercise of said 
right. 

§ 15. The general assembly shall pass laws to correct abuses and 
prevent unjust discrimination and extortion in the rates of freight 
and passenger tariffs on the different railroads in this State, and 
enforce such laws, by adequate penalties, to the extent, if necessary 
for that purpose, of forfeiture of their property and franchises. 

ARTICLE XII.— MILITIA. 

§ 1. The militia of the State of Illinois shall consist of all able- 
bodied male persons, resident in the State, between the ages of 
eighteen and forty -five, except such persons as now are, or hereafter 
may be, exempted by the laws of the United States, or of this State. 

§ 2. The general assembly, in providing for the organization, 
equipment and discipline of the militia, shall conform as nearly as 
practicable to the regulations for the government of the armies of the 
United States. 

§ 3. All militia officers shall be commissioned by the governor, 
and may hold their commissions for such time as the general assembly 
may provide. 

§4. The militia shall, in all cases, except treason, felony, or breach 
of the peace, be privileged from arrest during their attendance at 
musters and elections, and in going to and returning from the same, 

§ 5. The military records, banners and relics of the State, shall be 
preserved as an enduring memorial of the patriotism and valor of 
Illinois, and it shall be the duty of the general assembly to provide, 
by law, for the safe keeping of the same. 

§ 6. No person having conscientious scruples against bearing arms 
shall be compelled to do military duty in time of peace : Provided, 
such person shall pay an equivalent for such exemption. 

ARTICLE XIII.— WAREHOUSES. 

§ 1. All elevators or storehouses where grain or other property 
is stored for compensation, whether the property stored be kept 
separate or not, are declared to be public warehouses. 

§ 2. The owner, lessee or manager of each and every public ware- 
house situated in any town or city of not less than 100,000 inhabitants, 
shall make weekly statements, under oath, before some officer to be 
designated by law, and keep the same posted in some conspicuous 
place in the office of such warehouse, and shall also file a copy for 
public examination in such place as shall be designated by law, 
which statement shall correctly set forth the amount and grade of 
each and every kind of grain in such warehouse, together with such 
other property as may be stored therein, and what warehouse receipts 
have been issued, and are, at the time of making such statement, 
outstanding therefor ; and shall, on the copy posted in the warehouse, 
note daily such changes as may be made in the quantity and grade of 
grain in such warehouse; and the different grades of grain shipped 
in separate lots shall not be mixed with inferior or superior grades 
without the consent of the owner or consignee thereof. 

§ 3. The owners of property stored in any warehouse, or holder 
of a receipt for same, shall always be at liberty to examine such 



74 OUTLINE OF CIVIL GOVERNMENT IN ILLINOIS. 

property stored, and all the books and records of the warehouse in 
regard to such property. 

§ 4. All railroad companies and other common carriers on 
railroads shall weigh or measure grain at points where it is shipped, 
and receipt for the full amount, and shall be responsible for the 
delivery of such amount to the owner or consignee thereof, at the 
place of destination. 

§ 5. All railroad companies receiving and transporting grain, in 
bulk or otherwise, shall deliver the same to any consignee thereof, 
or any elevator or public warehouse to which it may be consigned, 
provided such consignee, or the elevator or public warehouse, can be 
reached by any track owned, leased or used, or which can be used, by 
such railroad companies; and all railroad companies shall permit 
connections to be made with their track, so that any such consignee, 
and any public warehouse, coal bank or coal yard, may be reached 
by the cars on said railroad. 

§ 6. It shall be the duty of the general assembly to pass all 
necessary laws to prevent the issue of false and fraudulent warehouse 
receipts, and to give full effect to this article of the constitution, 
which shall be liberally construed so as to protect producers and 
shippers. And the enumeration of the remedies herein named shall 
not be construed to deny to the general assembly the power to pre- 
scribe by law such other and further remedies as may be found 
expedient, or to deprive any person of existing common law remedies. 

§ 7. The general assembly shall pass laws for the inspection of 
grain, for the protection of producers, shippers and receivers of grain 
and produce. 

ARTICLE XIV.— AMENDMENTS TO THE CONSTITUTION. 

§ 1. Whenever two-thirds of the members of each house of the 
general assembly shall, by a vote entered upon the journals thereof, 
concur that a convention is necessary to revise, alter or amend the 
constitution, the question shall be submitted to the electors at the 
next general election. If a majority voting at the election vote for a 
convention, the general assembly shall, at the next session, provide 
for a convention, to consist of double the number of members of the 
senate, to be elected in the same manner, at the same places, and in 
the same districts. The general assembly shall, in the act calling the 
convention, designate the day, hour, and place of its meeting, fix 
the pay of its members and officers, and provide for the payment of 
the same, together with expenses necessarily incurred by the con- 
vention in the performance of its duties. Before proceeding, the 
members shall take an oath to support the constitution of the United 
States, and of the State of Illinois, and to faithfully discharge 
their duties as members of the convention. The qualification of 
members shall be the same as that of members of the senate, and 
vacancies occurring shall be filled in the manner provided for filling 
vacancies in the general assembly. Said convention shall meet 
within three months after such election, and prepare such revision, 
alteration or amendments of the constitution as shall be deemed 
necessary, which shall be submitted to the electors for their ratifica- 
tion or rejection, at an election appointed by the convention for that 
purpose, not less than two nor more than six months after the 
adjournment thereof; and unless so submitted and approved by a 



CONSTITUTION. 75 

majority of the electors voting as the election, no such revision, 
alterations or amendments shall take effect. 

§ 2. Amendments to this constitution may be proposed in either 
house of the general assembly, and if the same shall be voted for by • 
two-thirds of all the members elected to each of the two houses, such 
proposed amendments, together with the yeas and nays of each 
house thereon, shall be entered in full on their respective journals, 
and said amendments shall be submitted to the electors of this State 
for adoption or rejection, at the next election of members of the 
general assembly, in such manner as may be prescribed by law. 
The proposed amendments shall be published in full at least three 
months preceding the election, and if a majority of the electors 
voting at said election shall vote for the proposed amendments, they 
shall become a part of this constitution. But the general assembly 
shall have no power to propose amendments to more than one article 
of this constitution at the same session, nor to the same article of tener 
than once in four years. 

SEPARATE SECTIONS. 

No contract, obligation, or liability whatever, of the Illinois Central 
Railroad Company, to pay any money into the State Treasury, nor 
any lien of the State upon, or right to tax property of said company, 
in accordance with the provisions of the charter of said company, 
approved February 10, in the year of our Lord 185 1, shall ever be 
released, suspended, modified, altered, remitted, or in any manner 
diminished or impaired by legislative or other authority; and all 
moneys derived from said company, after the payment of the State 
debt, shall be appropriated and set apart for the payment of the 
ordinary expenses of the State government, and for no other purposes 
whatever. 

MUNICIPAL SUBSCRIPTIONS TO RAILROADS OR 
PRIVATE CORPORATIONS. 

No county, city, town, township, or other municipality, shall ever 
become subscriber to the capital stock of any railroad or private 
corporation, or make donation to or loan its credit in aid of such 
corporaton: Provided, however, that the adopton of ths artcle shall 
not be construed as affectng the rght of any such municipality to 
make such subscriptions where the same have been authorized, under 
existing laws, by a vote of the people of such municipalities prior to 
such adoption. 

CANAL. 

The Illinois and Michigan Canal shall never be sold or leased until 
the specific proposition for the sale or lease thereof shall first have 
been submitted to a vote of the people of the State at a general 
election, and have been approved by a majority of all the votes polled 
at such election. The general assembly shall never loan the credit 
of the State, or make approporiations from the treasury thereof, in 
aid of railroads or canals : Provided, that any surplus earnings of 
any canal may be appropriated for its enlargement or extension. 

SCHEDULE. 

That no inconvenience may arise from the alterations and amend- 
ments made in the constitution of this State, and to carry the same 
into complete effect, it is hereby ordained and declared: 



76 OUTLINE OF CIVIL GOVERNMENT IN ILLINOIS. 

§ 1. That all laws in force at the adoption of this constitution 
not inconsistent therewith, and all rights, actions, prosecutions, 
claims, and contracts of this State, individuals, or bodies corporate, 
shall continue to be as valid as if this constitution had not been 
adopted. 

§ 2. That all fines, taxes, penalties and forfeitures, due and 
owing to the State of Illinois under the present constitution and 
laws, shall inure to the use of the people of the State of Illinois, under 
this constitution. 

§ 3. Recognizances, bonds, obligations, and all other instruments 
entered into or executed before the adoption of this constitution, to 
the people of the State of Illinois, to any State or county officer or 
public body, shall remain binding and valid; and rights and 
liabilities upon the same shall contiune, and all crimes and mis- 
demeanors shall be tried and punished as though no change had been 
made in the constitution of this State. 

§ 4. County courts for the transaction of county business in 
counties not having adopted township organization, shall continue in 
existence and exercise their present jurisdiction until the board of 
county commissioners provided in this constitution is organized in 
pursuance of an act of the general assembly ; and the county courts 
in all other counties shall have the same power and jurisdiction they 
now possess until otherwise provided by general law. 

§5. All existing courts which are not in this constitution 
specifically enumerated, shall continue in existence and exercise their 
present jurisdiction until otherwise provided by law. 

§ 6. All persons now filling any office or appointment shall 
continue in the exercise of the duties thereof according to their 
respective commissions or appointments, unless by this constitution 
it is otherwise directed. 

§18. All laws of the State of Illinois, and all official writings, 
and the executive, legislative and judicial proceedings, shall be 
conducted, preserved and published in no other than the English 
language. 

§ 19. The general assembly shall pass all laws necessary to carry 
into effect the provisions of this Constitution. 

§ 20. The circuit clerks of the different counties having a popula- 
tion over sixty thousand, shall continue to be recorders (ex-officzo) for 
their respective counties, under this Constitution, until the expiration 
of their respective terms. 

§ 21. The judges of all courts of record in Cook county shall, in 
lieu of any salary provided for in this constitution, receive the com- 
pensation now provided by law until the adjournment of the first 
session of the general assembly after the adoption of this Constitution. 

§ 22. The present judge of the circuit court of Cook county shall 
continue to hold the circuit court of Lake county until otherwise 
provided by law. 

§ 23. When this Constitution shall be adopted, and take effect as 
the supreme law of the State of Illinois, the two-mill tax provided to 
be annually assessed and collected upon each dollar's worth of 
taxable property, in addition to all other taxes, as set forth in article 
fifteen of the now existing Constitution, shall cease to be assessed 
after the year of our Lord one thousand eight hundred and seventy. 

§ 24. Nothing contained in this Constitution shall be so construed 



CONSTITUTION. 77 

as to deprive the general assembly of power to authorize the city of 
Quincy to create any indebtedness for railroad or municipal purposes, 
for which the people of said city shall have voted, and to which they 
shall have given, by such vote, their assent, prior to the thirteenth 
day of December, in the year of our Lord one thousand eight 
hundred and sixty-nine: Provided, that no such indebtedness, so 
created shall in any part thereof be paid by the State, or from any 
State revenue, tax or fund, but the same shall be paid, if at all, by 
the said city of Quincy alone, and by taxes levied upon the taxable 
property thereof: And provided further, that the general assembly 
shall have no power in the premises that it could not exercise under 
the present Constitution of this State. 

§ 25. In case this Constitution and the articles and sections 
submitted separately be adopted, the existing Constitution shall 
cease in all its provisions ; and in case this Constitution be adopted, 
and any one or more of the articles or sections submitted separately 
be defeated, the provisions of the existing Constitution (if any) on the 
same subject shall remain in force. 

§ 26. The provisions of this Constitution required to be executed 
prior to the adoption or rejection thereof shall take effect and be in 
force immediately. 

Done in convention at the capitol, in the city of Springfield, on 
the thirteenth day of May, in the year of our Lord one thousand eight 
hundred and seventy, and of the independence of the United States 
of America the ninety-fourth. 



"Training for Citizenship " 

Biographical Stories of 
Great Americans for Young Americans 

Edited by JAMES BALDWIN, Ph. D. 

As no other books have done before, these Life Stories of Great Americans 
serve the following purposes: They lay the foundation for the study of Biography 
and History; they stimulate a desire for further Historical Reading; by inspiring 
examples they teach Patriotism; and they cultivate a taste for the Best Literature. 

NOW READY: 

Four Great Americans 

By James Baldwin, Ph.D. 

The Story of George Washington Booklet. Paper. Illustrated. Price 10c 

The Story of Benjamin Franklin " ft " " lOc 

The Story of Daniel Webster " " " " 10c 

The Story of Abraham Lincoln " " " " 10c 

The Four Booklets in One Volume. 
Cloth. Illustrated. 246 pages. Price 50c 

Four American Patriots 

By Alma Holman Burton. 

The Story of Patrick Henry Booklet. Paper. Illustrated. Price 10c 

The Story of Alexander Hamilton " " " "10c 

The Story of Andrew Jackson " " " " 10c 

The Story of Ulysses S. Grant " " " " 10c 

The Four Booklets in One Volume. 
Cloth. Illustrated. 256 Pages. Price, 50c 

Four American Naval Heroes 

By Mabel Borton Beebe. 

The Story of Paul Jones Booklet. Paper Illustrated. Price 10c 

The Story of Oliver H. Perry •« " " M 10c 

Tne Story of David G. Farragut ..,.,* *• " " 10c 

The Story of George Dewey " " " " 10c 

The Four Booklets in One Volume. 
Cloth. Illustrated. 254 Pages. Price, SOc 

Four American Poets 

By Sherwin Cody. 
The Story of William Cullen Bryant. . Booklet. Paper. Illustrated. Price 10c 

The Story of Henry Wadsworth Longfellow " " " " 10c 

The Story of John Greenleaf Whittier " " " " lOc 

The Story of Oliver Wendell Holmes ...... . " " " " 10c 

The Four Booklets in One Volume. 

Cloth. Illustrated. 256 Pages. Price, 50c 

Other Volumes in Preparation. 

WERNER SCHOOL BOOK COMPANY 

Educational Publishers 
NEW YORK CHICAGO BOSTON 



"Training for Citizenship " 

The State Government Series 

Under the General Editorship of 

B. A. HINSDALE, Ph.D., LL.D. 

Professor of the Science and the Art of Teaching in the University of Michigan 



EACH VOLUME IS ARRANGED UNDER THREE MAIN HEADS 

Part I. HISTORY OF THE STATE— Discovery and Exploration— Settlement- 
State Growth. 

Part II. CIVII, GOVERNMENT OF THE STATE— Town— City— County— State, 
legislative, Executive, Judicial. 

Part III. GOVERNMENT OF THE UNITED STATES— Making of the Govern- 
ment — Congress — Executive and Judicial Departments — The 
States and the Union. 

VOLUMES NOW READY: 

HISTORY AND CIVIL GOVERNMENT OF OHIO, by Dr.B. A. Hins, 
dale and Mary L. Hinsdale. 368 pages Cloth. Illustrated $1.00 

HISTORY AND CIVIL GOVERNMENT OF IOWA, H. H. Seerley, 
A.M., President of Iowa State Normal School, and L. W. Parish, 
A.M., Professor Political Science in the Iowa State Normal School. 
388 pages. Cloth. Illustrated / $1.00 

HISTORY AND CIVIL GOVERNMENT OF MINNESOTA, by 
Sanford Niles. 307 pages. Cloth. Illustrated • • $1.00 

HISTORY AND CIVIL GOVERNMENT OF MAINE, by Hon. W. W. 
Stetson, State Superintendent Public Schools. 340 pages. 
Cloth. Illustrated • *• * * . * * $1.00 

HISTORY AND CIVIL GOVERNMENT OF SOUTH DAKOTA, 
by George A. Smith, A.M., and Clark M. Young, Ph.D., of the 
University of South Dakota. 336 pages. Cloth. Illustrated $1.00 

HISTORY AND CIVIL GOVERNMENT OF MISSOURI, by Profes, 
sor J. U. Barnard. 302 pages. Cloth. Illustrated , $1.00 

HISTORY AND CIVIL GOVERNMENT OF WEST VIRGINIA 
by Hon. Virgil A. Lewis. 400 pages. Cloth. Illustrated $1.00 
OTHER VOLUMES IN PREPARATION 

Werner School Book Company 

EDUCATIONAL PUBLISHERS 



_ 



» 3v- 

» > 

>> .> 
> 3> 






*as 









■ 

> 3>> <• >* 



o 

•>-•>>>> > : 

^ >j> 3>-> > > » 

• >> >>•> > > v> >'> 
• > 3 \> > 

> » :»>> > ^> >> ■ 

Y3r» :**>>:> >> ^> ^ >;> 

> 3; ' 3*i>3 > '- "» * ^ » 

j> - r>> : 



i 



»> > >33> 



7 >^ J> "> -»> ' > 

► • > 3 r>3 > 
> s* > » 

» > *>> 
-* > >3>> 






> > 









> > 



> > > >> 

> ) j > » 

> > > 3 » 

» > •■> :> ^> 






> > >^ > > 









» 






> > < > > > - 

> o > > > 

> > 3J> 

> ^'^^ ~> ^^ ^ >> 

» "")>-> 7 T 

'. £> 3^»vi : 

^> ^ »»^ >^r ^ 

■*» > .^ »> ■» > > 

^ > --» |» v>, > > • " ; 

?»>>^ j ■> : 



T^ 



?fiS^ 









» » : 

» > 7> 3 ) 

o » » >^> 

p >:• : ->* 

>3 >; 

■^ r> fa 

> 

> > > '' •• >Jfc 

-■ 



> » 

> > 
3 > 



3^ 

> j 

>3 

> "> 
;>> 

33* O 

33^ >J 



^ y* * 



SRoSK^?^ 3>>^^^o j 



> > 
>3P 
">> > 

>3> 

Jk>3o 



i>^> 





> JgB) 






o m> 






> «■»> 






o »> 


> 




» sxs 


> 




► >»^^ 


>> 


. 


> 3Z>J 




> 


>"'JfcQ>i 


y 


>I> 




*> 


'-^3^- 




> 
> 




^ 




> ^^»>^ 


/3 


7 


> y >)» 


3 


> 


3 3^ 


»> 


> 


j 3>>> 


* 


> 


^3 




b> "> y ) 




> 


■^ -3 


> 


> 


> 


> 


3 ^fe~ 





mm 3 
3 

;0*o 

33> > 



>^> ^ 3> 3 » : 

>o 3»3 3 >3 o 

33 33» ) >v> >^ : 

33 333 >v^> j> : 

•DO 3te/>o>" 33>^ 

Og3» XS&-33 3 > 

OO »5> >>> 



I ^ y x> >»03 > 
A > ^>0 0i> OV333 3 > 

■'» 31* J>>3 33> 3 

>» » 3 033 >^ 3 

» >>> >» 3>3 j>> 3 •. v >: 
. >>; 2J> 3>3> 3:> > > <? 33 
x» j> >33 3 V > , 

3_3>3 » 3 33> 3 > 

^>j ,.» :>_^> :3 * -> m 



> 5» O > » 



> 3 3^* >3% . 
O 3 3^3> V3 



» » 3 ^T 

■ 33 >> ■- 

0> V 

> 3* 33 

0> ^ o O l> 



> .3..> 
i > 3 • oast* 
03 3 03~> 

-> > ,3n> 

-*■:>--> ~; ">- 

.^> ^ > 
- 3 3 3 
3 
> 3', ^ 
J 3 ?. 



>>» o 3 ov >D 



£>3; r 

~> 3 j 
3 / > 5 
>3 i 
>> 33 > - 
^l>3) >' 
»> > > v-3 









33 
3 3> > 

3 >D 



3 )> j> 
^ 3> 3 

O ) 3 ^ 

> J 3 

- 3 



>2>^ 



33 ^ 3 >3 

3> > >) 



» 



^i 3 v> 



>^J >3 ,, y^ 
3> 3 3 ->> 3 

) yy o^ mo 

>> 3 3 3» >- 

3 33 3 3^v 

) » 3 >y^3 3 3 



3^ 



■^ O > 3 



> 3 ^3 ) 33 ; 

► )>!> 3 >. 

> 3 3 : 
.- J> » )^x t 

3>>->3»3 3 3 3 

33 ^»3> 33 3 

iyim% ^>^> > 

3 ''H» 3 ^ 3 
^3» - ) 3 

3.1>^^> > : 3 
_>3»3> 3 >> > 

,' )3>J^> ' - . i 3 



^ >> 3 



) 1> >33 
>33 >:x> J 

>> 



'i3*3 1> 



3^» 



> >> > 0V 3> >3>^>V 

» 3) > »^3> 
• 3> ^ 3 » 33 

33 - 3 ^V33. ^ 

3 33 y 3> )) 3 )0> 

3 3 3 3> )3 3 "3 3> ^ 

5 > 3> ■> >^ : > J 

J> 3> ^> > 3 3^ > 

3 >> » 3 > >> jr 

3 > -» > > -3 X 

3< ^^> > J»3> J* 
>•» > > Z» > 

^ >> > ^> 3> ^ >;> 

>>>>>; 3> 3 > 

> "> *> ^> ^> l 
^ >> > ^. — 

» v> >3 

3> 3 3> >> 

3> ^>3>^> 3J 

> > 3) 3 >|> :> 3 

%i> 9 » > 23 — 

>"^ k - )3 3 3 



33 3 3 

> 9 • T> 3 3^- 

> > > o > : 

>3> 3 3^» 1& • »3>'^ 

^ > -o >3 > 3 >o> >3 



> 3 >^ 3 

3%» 
333 3 

03i>.3>..3 
0>3> 3 

333 3 

3Jr»v) 



3^/ 33s>^ 

> )^ ^>3>3: 
^J' 333: 

^> ^ ; 33*3-3 
3) ), 3>3: 

Oj >X3K> 

> j J3>i): 

> -• 33>-^ 

3 : ^-y^>: 

>3 3 J 






?^ 



3 

DJ> 

3/» 

o> 

3> 



UBWJ) 



>3> » 
33^ 3» 

333 Jr 
33 > - 

>^> ^ 

33> 

> 33> : 

)3> 3J 



^3 3 



^ ) 
3 ) : 



> > 
3 3 
3 > 

■J- r:>~> )> 



l>3> ; • )> ' 

- >3 . ^ 5 

>3 > ; 

> ^» >3>iBr;>i 

^ 3n - ■ ) 3> ,•! 
:» 3^ 

> >J 
3» ) 

- )'JO 2)0 
3 "3 } • > j 3 3 
>3 ->)3 
> J>J >>J3 

> 3 > >3 3>3 

> 
> 

> :3 -:>: O 3 

^^■^. 

XI ^>'>30.; 

>'^3 

3 1> 



'■•>> ; 



3 .».-/v> 
^ 3> »; 



